1929-12-31 — Page 7

POWERS OF SHIPS'

CAPTAINS.

IMPORTANT QUESTIONS RAISED AT MARINE" COURT.

NOMINAL FINES IMPOSED.

Soveral important questions regarding the powers of a ship's captain to dismiss members of his crew for misconduct, and to take on substitutes, were raised yesterday, when the "Hon. Comdr. G. F. Hole, R.N. (retired) preaiding at the Marine Court, heard four summonses against Captain Charles Alexandre, now of the Yat Shing and formerly of the Kwai Sang.

The summonses against defendant were as follows:-For unlaw" fully leaving behind in the Colony, Harold Vittol King, a seaman of the .. Kwai Sang, belors completion of the last voyage; discharging King without the sanction of the Harbour Master and without due provision for his maintenance; and that he ualaw- fully shipped Albert Dunn, a seaman, for duty on board the a.. Kwai Sang, without the sanction of the Harbour Master and else where than at the Mercantile Marine Office.

Mr. L. R. Andrewes prosecuted and Mr. E. Davidson defended.

.

PLIGHT OF DISMISSED ENGINEER.

At the opening of the proceed-4 te the charges 1-The Shipping ings Mir Andrewes said he wished Office was open from 9 am, until 1 p.m. and King was discharged to put in a further charge of un-

at 11.10 .. In that case Cupt. lawfully carrying Albert Duan to Alexandre had ample opportunity of sta, without entering an agreement phoning the Office. A telephone message asking the Harbour Mas with him, in accordance with the permission for the ship to Ordinance, on July 24, 1929. leave or to sign on that man would In support of this charge Mr. have settled the whole question. G. W. Coysb, Deputy Shipping Master, who had already given evidence at a previous hearing, was recalled and said that the Yat Shing left Hong Kong at 1.34 p.m. on July 24. The log of the ship contained an entry to the fact that Albert Dunn was aigned on at sea at 4.30 p.m. that same day.

Witness was closely examined by Mr. Davidson, und, in his replica, admitted having made several in- Accurate statements when the case

was first bcard.

Mr. Davidson: Did you in Sep- tember last, arrange for the em- ployment of Mr. King on one of the 4.P.C vesacis ?—No.

I never ur ranged anything in September.

Have you arranged anything for Mr. King At a later period, but I can't remember the date, I ar- ranged to ship him in place of a man who was convicted in Decem ber. He was signed or as third engincer on an A.P.C. tanker on

December 17.

Are you aware that in August Mr. King was staying at the Row loon Hotel at his own charge ?--1 that made no enquiries outside which was official.

But are you aware of it - was given that impression.

"And he afterwards went to Y.M.C.A, 7-Yes.

the

And stopped there practically the

You stated last time that it was not necessary to prosecute unless a complaint was made that the man was destitute -That is not correct. 1 meant to say that I should" bave to see the man personally before action was taken.

You had no knowledge of the case until the police made a come plaint on October 181-No. circumstances, the master had the You said that under certain

right to sign on a substitute -The usual procedure is to ring up the

Harbour Master.

How long have you been Deputy Shipping Master here 1-Ten years.

You consider that these matters should be common knowledge to masters of ships Yes.

That closed the case for the pro secution.

THE HONG KONG DAILY PRESS. TUESDAY, DECEMBER 31, 1929.

A WIFE'S DEBTS.

PLEDGED HER FATHER-IN-

LAW'S CREDIT.

Before the Puisne Judge in the Summary Court yesterday morning, Mr. Woo Pak Fük, eldest son of Mr. Woo Hay Tong, compradore to Messrs Butterfield and Swire, was sued by the Shanghai Co., Ltd.," of 221, Des Voeux Road Central, for $174.60 due for picee goods sold and delivered to his wife on December 10 and December 13, 1929.

Mr. F. 5. C. Brooks was for the plaintiff firm, and Mr. F. E. Nash for the defendant.

THE FINANCE COMMITTEE.

SUPPLEMENTARY ESTIMATES

$27,000.

ADJUSTMENTS DUE TO

EXCHANGE.

Supplementary estimates to a total of 827.260 were passed yesterday at meeting of the Finance Com- mittee of the Legislative Council.

The Principal Items. Among the principal items were the following:-

The Prisons Department asked for $2,500. It was stated taas a A Deliberato Ele?

hot food chamber installed in April, Evidenos was given by the assis. 1820, has consumed extra gas and tant manager and salesman of the there has also been increased con sumption of gas for cooking pri plaintiff firm, who alleged that desoners' fond owing to increased fendant came with his wife to make prison population. the purchases.

Mr. Nash said the defence was that defendant had forbidden his wife to obtain credit. The story of defendant visiting the shop with his wife was a deliberate lie.

Witness in cross-examination said he had known defendant for about four years. He did not know that defendant, filed a debtors' petition in bankruptcy on November 14, 1028.

Mr. Nash: Did you know that the petition was withdrawn on November 29, because his mother came forward and paid the wife's debts 1-I did not know.

Do you mean to suggest that while this bankruptcy was en de fendant was contracting debts at and obtained the goods. your shop 1-He and his wife came

I pat it to you it is a deliberate lie on your part that defendant was with his wile No.

The Father's Credit.

I put it to you that you gave this lady credit because she was daughter-in-law of Mr. Woo Hay Tong?-No.

You went to Mr. Wo Hay Tong to collect this money 7-I did not. Capt. Alexandre's Evidence.

And it was at his office that Mr. Capt. Alexandre, giving evidence, Woo Hay Tong pointed out his con said that on July 26 he discharged to you, the first time you had seen Mr. King for being drunk. He re-hint-I have known him for a long ported the matter to Messrs. Jar-time. dine, Matheson's and Mr. King ac- cepted the decision without protest. you to pat it into Woo Hay Tong's His Lordship said: Pak Fuk told The ship was due to sail at noon account 7-Yes.

4

And you did so 1-Yes.

on that day and he signed on Mr. Dunn after the ship had been under pay for a few hours, his intention So that you never gave any credit being to report the matter to the to Pak Fuk at all-At the time British Consul at Shanghai.

Wit when the goods were ordered I gave ness thought if he did that and him credit. had his log signed and stamped by the British Consul at that port, When he left the Y.M.C.A. had that would relieve him of all respon you already arranged his ship-sibility. He had no time to take I did not arrange anything before either man to the Shipping Office. he left. That was done at the very last moment.

whole of the time 7-Yes.

Submission for Defence.

When he left his ship in July, Mr. Davidson, for delendant, he first became chargeable to the Colony in December, and that for said that the proceedings should three days only -He never became never have been brought. If Capt. Alexandre had committed a tech. chargeable to the Colony at all.

Why did you not open a special aceeunt for him Because he told me to put it in to the same account his father and promised to let ne have the money a few days later. In his evidence defendant stated that he was the eldest son of Mr. Woo Hay Tong whom he had been assisting since 1924. His father paid certain of bis expenses.

His Lordship: I think it is true

|

The Medical Department asked for 81,200. The larger number of patients and more operations in the various hospitals have increased the use of clothing, bedding, towels, etc. The expenditure for washing has therefore been increased and a supplementary vote for this sum is therefore asked for.

Public Works, Extraordinary: General Works, Miscellaneous, Pur- chase of Pier at Tsun Wan, 82,500,

OLD CALENDÁR

TO STAY.

CHINESE NEW YEAR IN HONG KONG.

JANUARY 1 NOT TO BE

9. OBSERVED.

A suggestion to introduce the Gregorian calendar into Chinese business circles in Hong Kong form- ed the subject of an interesting discussion at the monthly meeting of the Chinese Chamber of Com merce yesterday, -

The Chamber had some time ago potified commercial firms that they were going to adopt the Gregorian calendar, and an insertion to that effect was published in one of the Chinese newspapers.

Mr. Ho lu asked if the Chamber were going to celebrate New Year on Wednesday, and whether it would be giving ite usual New Year party on January

The Chairman admitted that they bad not thought of doing so, and pointed out that it was too late in the day to change their plans. Until the Gregorian calendar was more generally accepted in Canton, and the interior, its adoption in Hong Kong would not be popular. The hope was expressed that next

the year after Chim

ог

would come into line in this respect with the rest of the world.

It is considered desirable that the pier at Tsun Wan which is the pro-year perty of the Tsun Wan community Should be taken over by Government as it is used by the Police and general public. The pier is valued at $2,200, the amount asked for.

Public Works, Recurrent: Hong Kong, Lighting, Electric Lighting, City, Hill District and Shaukiwan, $7,000.

This vote is required to meet the increased cost (86,368,79) of light ing the public highways under the new electric lighting. agreement, the rates of which operate as from January 1, 1929, and for the tem

VILLAGERS' COMPLAINT.

Village of the Saikung and· other districts in the New Terri tories have written to the Chamber.

pointing out that they had always hillside near their villages, and obtained their firewood from the that the authorities have now, for- bidden them to cut any trees. The Chamber decided to bring this mat ter to the notice of the Chinese

members of the Legislative Council.

porary lighting of certain Praya East roads. The new rates, were

Other matters discussed were in not fixed when the 1929 Estimates were drawn up..

the main complaints from various Public Works Recurrent:-Kow-shopkeepers and dealers. loon Water Works, Maintenance of Water Works, to meet expenditure

the end of the year 83,000. The supplementary vote is re quested to meet necessary expendi ture to the end of the year. This

from $20,000 in 1924 to $40,000 in yote has been gradually increased

1999 to keep pace with the rapid expension of metered service and main mileage in Kowloon; but the additional 25,000 for 1999 has not proved sufficient. The water short age also caused additional expeo-

diture.

ALICE MEMORIAL AND AFFILIATED HOSPITALS.

RECENT DONATIONS.

The Hon. Treasurer of the Alice

Memorial and Affiliated Hospitals begs to acknowledge with thanks the following donations to the funds of the Hospitals per Mr. T.

N. Chau.

Medical Department:-Expenses A sum of $100 from each of the af Courses of Study and attendance following gentlemen-Hen. Sir on Medical Congress, $2,600 (Pro-Shou-son Chow, Hom Dr. E. H. vision made in Estimates 95,000). Kotewall, Hon. Dr. S. W. Tso, Mr. The excess over this vete is due to Li Yau Tsun, Mr. T. N. Chau, Mr. more officers availing themselves of J. M. Wong, Mr. M. K. Co, Mr. Lo

expected.

Chung Kue, Mr. Chan Siu Hing

But you told us at the last hear.nical offence in discharging King. to say that this witness is supported The excess, is due to additional Ping Shan, Mr. Kwok Siu, Lau,

ing that these proceedings were taken because he became charge- able 1-I regret that my first state-

ment was incorrect.

A Mistake and Rectification.

Mr. Coysh said a case of des.

titution was reported to him on October 18 and about a week later, when he was going through the log book of the Kwai Sang, he saw the record of the King incident, but he thought it occurred in Shanghai, as it was endorsed with the Consular stamp.

Then he saw his mistake and im- mediately communicated with the Acting Harbour Master and later, he, together with Capt. Alexandre (who was in the Harbour Office at

by his father.

in signing on Dunn, he was certainly within his rights

Mr. Nash: Yes, I think so. Continuing, defendant said that Defendant was charged with wil he was now employed by Messra. fully and wrongfully leaving a Butterfield and Swire at a salary seaman behind, or, in other words of 8100 per month, out of which forcibly putting a man ashore, and he gave his wife 863 a month for the pensity for an offence of that food only. In November, 1928, he nature was a fine not exceeding

was pressed by creditors, and filed 8250 or six months' imprisonmeat.

His

petition in bankruptes No one supposed the defendant mother paid off the debts. Defen- would be imprisoned, but it was dant added that the debts were in most unfair to Capt. Alexandre to curred by his wife. Both before be prosecuted under such a charge. and after the bankruptcy he for-

The second charge was a most im portant one, and affected all ships in bade his wife to pledge his credit. the Colony and particularly British been in plaintiff's shop. ships." If that section of the Ordin ance was made applicable then no ship registered in Hong Kong could discharge any member of the crew

the time) the Marine Superintendent unless due provisions were made

Was

Defendant denied that he had ever

Judgment for Defendant. His Lordship held it was it clear that the only credit pledged and the only credit given was given in

of 81,024,

Those Present.

The attendance at the meeting was as follows:-

the privilege than was at first

Mr. Au Lim Chuen, Mr. Au Siu Police Forge:Light and Elec- Cho, Mr. Tang Chi Ngong, Messrs. trie Fans, $1,000. The provision Wo Fat Shing, Mr. Li Hoi Tung, made in Estimates was 830,000, Mr. Wong Yun Tong, Mr. Fung

officers using gas for cooking pur- Mr. P. K. Kwok, Mr. Wong Ping poses causing an uuestimated excess Shun, Mr. Leung Yan Po, Mr. Choa Po Sien, Mr. Chan Lim Pak, Mr. Ho Wa Sang, Mr. Ng Wah, Mr. Chan Tin Son, The late Mr. Ip Loo Siu's estate, The late Mr. Chan Siu Ki's estate, Mr. Lau Sing Chong, Mr. Ma Taui Chiu, Mr. Chan Shu Ming, Mr. Wong Iu Ting, Mr. Li Sing Kui, Mr. Leung Hat Yu, Mr. Mak Sui Cho Mr. Sum Pak Ming, Mr. Cheung Sum Woo, Mr. An Shur Cho, Mr. Chu Fik Chuca, Mr. Tang Man Tin, Mr. Tang Man Chiu, Mrs. Tang Woo Shi, Mr. Lo Chap Soc, Mr. Ip Wing Cho, Mr. Tang Shu Kin Mz, "Li. Yik Mui..

Hon. Mr. W. T. Southern, C.M.G. Colonial Secretary), chairman,

Hon. Mr. C. 31ci, Messer, O.B. E. Colonial Treasurer),

Hon. Mr. H. T. Creasy, C.B.E. (Director of Public Works), Hon. Sir Shou-son Chow, Hon. Dr. R. H. Kotewall, C.M.G., UL.D.,

Hon. Mr. A. C. Hynes, Hon. Mr. J. Owen Hughes, Hon, Mr. W. E. L. Shenton, Hon. Mr. J. P. Braga, Hon. Dr. S. W. To, O.B.E., L.D1,

Mr. E. I. Wynne-Jones (Deputy Clerk of Councils).

and his assistant, had a conference for their maintenance. He was aure respect of defendant's father about the whole affair and the that the Ordinance was never meant Judgment would be given for de- Marine Superintendent Engineer of to be so construed. A slip must fendant with costs. Messrs. Jardine, Matheson & Co. | have been made when the Ordin was informed.

was prepared, and it ance Mr. Davidson: Was a letter sent very important that that point to the owners of the ship on should be settled.

Mr. Andrews, in reply, said that October 28 in 'which a' claim wns Mr. Davidson subirited that the prosecution was undertaken made from them for maintenance masters of vessels were not com-under laws designed to protect ses

repatriation The Harbour pelled to sign off a seaman in the men. He asked His Worship to see Office received a letter from the Mercantile Shipping Office for mis- that this protection was made effee-If not, may I take it that the items

and

A sum of 850 from each of the following gentlemen:Mr. Fung Heung Chun, Mr. Wong Kan Hing, Mr. Au Long Hin, Mr. Chan Foon Tin, Mr. Ng Iu Wao, Mr. Leung Ying Kuen, Mr. Chiu Mui Chow, Mr. Yeung Tso Wing, Mr. Chan Exchange and Increased Prices."

Iu Tên, HT thi Kit Cho, Mi. Chạy The Chairman: These items have Yat Ho, Mr. Choy Wai Yau, Mr. already been circulated and are, Ye Cheuk Bang, Messrs. Ah Ying I think, very fully explained. & Co., Ltd. Mr. Soo Sau Nam, do not know whether there are any Mr. Ma Chi Lung, points anyone would like to raise.

are approved ?

Mr. Braga: Item 123-It is more The Magistrate in giving his de-cut of curiosity than criticism that cision said that in the first charge, ask this question. What is meant King was signed off by mutual con- the property of the Taun Wan

natin that he had failed to lodge community | mentioned therein 1 any protest within seven days-and The Chairman: The pier was he could not hold the muster guilty.built by the Kuijong for ferry it and to bring it in line with the In the second charge as to pro-service. law at Home. It would cause grave viding maintenance, he held that a

Mr. Creasy: It is very desirable Inconvenience to shipping owners Colonial Ship" differed from a that private piers should be pur- Mr. Davidson: If you had noticed and masters if that section were to British ship and as the Kwai Sang chased by Government to prevent the offence in the first instance, apply. Imagine the case of the was a colonial ship" that section prohibitive ferry fares

The Chairman: Gentlemen,

owners in which they denied respon- | conduct, but it would be necessary | tiva. sibility,

to do so when the articles had run If the Company had agreed to out. The language of that section pay whatever was payable to this was wide enough to provide for that man, these proceedings would and if it was according to what he never have been instituted -The interpreted that particular section question was one on which I could in the Ordinance to mean, it would make no decision until Commander be time for the Legislature to alter Hole, came back.

Not Authority.

would.

ed in the official log book 1-Yes.

Both men sizned articles ?-Yea.

The Decision,

.P.R. liner having to sail at night. did not apply. He found defendant

Kong.

A sum of $25 from each of the following gentlemen:-Mr. Tong Yat Chun, Mr. Wong Tak Kwong, Mr. Mok Kon Sang, Mr. Kwan Yick Chi. * Total $3,400.

the clothing is received his vote may be exceeded by a sum of not more than $1,000.

electrical items in the Public Works Mr. Creasy: There are three Department, Bir One is a bigh speed transmission gear on which

would you have reported it to the Harbour Master ?--Most certainly I and some drunken sailor not turn not guilty on this charge. It was take it that these items are there is an excess of $30 on an The discharge of King and the ing up. Would the ship have to an important fact that King was proved. There are two or three estimated cost of 82,040, for which engagement of Dunn are both enter delay departure î

Severe criticism was made by M. signed on and discharged in Hong items which Beads of Departments we have provision: Another one is

did not get up in time to put Davidson of the custom of making

On the third charge, he found before the Committee. As we have due chiefly to lower exchange. masters leave their logs and And the official log book was articles at the Shipping Office after | circumstances into consideration he the year, I would like to put them duplication of a storage battery 'at! defendant guilty, but taking all the to pass payment before the end of The estimated cost is $5,160 for taken to the authorities by Capt. each trip. This was only a practice would impose a nominal fine of 85. before you

Cape D'Aguilar and the bill is 8210 Alexandre at the first opportunity and not enforced by law. The prac

No. The ship called at Swato tice should cease, because a master that the man Dunn was not signed meat has a vote of $17,000 for cloth-

On the fourth charge, he found The Head of the Prisons Depart more than the original;

One other item is for a kilowatt for one day. He did not take the left his log and articles behind. first opportunity of informing the thinking that everything was dil taken to sea, and after a few hours drill ordered from the Crown more than Mr. King estimated on in Hong Kong. He was first ing but, owing to the fact that the transmitter, close range. It cost authorities.

He estimated 85,000 and it cost Mr. Andrews (re-examining): The right, and then, six months later, out, he was signed on the articles. Agents had to be paid for at a Just time you said in cross-examina- found himself charged with an Therefore, the charge must also higher prics than anticipated and, 85,780, partly due to the exchange tion that the master could have alleged offenes committed"

in addition, there was & drop in again. ----brought-Mr.King-to-the-Morgan-

On the last chic he would im exchange he anticipates that when tile shipping Once

months ago.

six fail.

All vates, were then formally.

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