1932-07-29 — Page 7

COLLISION APPEAL

CASE.

THE FAIRWAYS OF HONG KONG HARBOUR.

FORM SUBJECT OF INTEREST.

ING ARGUMENT.

an

MORE CHOLERA CASES.

NINE NOTIFIED ON WEDNESDAY.

HONG KONG DAILY PRESS. FRIDAY, JULY 29, 1932.

CORRESPONDENCE. LOSS TO H.K.V.D.C.

[All letters intended for publi. | vation must be accompanied by the name and address of the writer, not for publication, unless so desired, but as evidence of good faith-ED.]

The latest health return shows CHESS CHAMPION'S VISIT.

increase in the number of

case

of

“ TONG XỬNG cholera cases notified locally. NineT THE EDITOR OF THE

DAILY PRESS."} were reported on Wednesday, of The fairways of Hong Kong Har-which four wore imported. hour as they affected the N.Y.K,

There WAS Also Оле Toyooka Maru and G.N.S.S. Com-typhoid notified. Y pany's Kiongau on the morning of March 29, 1931, when the vessels were involved in a collision, formed the

subject of a very interesting! arguinant when the Fall Court of Appeal was resumed yesterday morning.

HOURS OF DUTY.

NEW ORDERS BY 1.G.P.

GENERAL DISAPPROVAL.

The parties concerned in the appeal aro tho China Navigation Company, owners of the Kiangsu, and the Nippon Yusen Kaisha.

What amounts to a reply to the owners of the Toyooka Maru. The junior members of the European appeal was instituted with a view to quashing the judgment of Sir Joseph Kemp in favour of the former.

Police Force's petition for shorter hours of duty was contained yes terday in Orders issued by th Inspector General of Police in the Sir Peter Grain, Sir Joseph form of revision of the hours of Kemp, Mr. Justion Wood with duty. These orders are to become

DEATH OF SERGT, A, A.

XAVIER

Much sympathy will be felt for Mr. and Mrs. C. A. P. Xavier, of 26, Granville Bond, whose only Bon, Albert Antonio, died yesterday at the Canossa Hospital. Sta, Dr. Alekhine, the world's

Deceased, who was of the staff of Champion Chess player intends visiting the Colony about October the China Light and Power Com- of this year. At a meeting, of pany (1918), Ltd., was

alno a chess enthusiasts held at the Kow-popular member of the Portugueso: loon Chess Club hëadquarters last

Company of the Hong Kong Volun- Tuesday, it was decided that no effort should be made to promote toer Defence Corps, holding the an exhibition of the great skill of rank of Sergeant, in No. 12 platoon, Dr. Alekhine.

Deceased died from septicnenia with lung abscesses.

As the fow chase clubs in Hong Kong are not big enough to sup port the financia! side of such an exhibition, it has been suggested that there may be interested people in the Colony who would be willing

The Funeral.

1:

There was a large gathering at

SIBERIAN MAILS.

RESUMED YESTERDAY,

The despatch of mails við Siberia, has been resumeil from yesterday, and superscribed correspondence will now be accepted at the Hong Kong Post Office.

It was stated that the Past Office here had devised means of

transport.

PATIENTS TO

CHOOSE THEIR

DOCTORS.

NEW SCHEME AT CEYLON GENERAL HOSPITAL.

Contrary to the general practie hitherto prevailing at the Genera' Hospital, patients in the first-class paying wards will in future be al lowed to call in any member of the visiting staff of surgeons and physicians, says the Times of Cey-

lon.

Commander E. D. Brookr, R.N. effective on Monday next, August not exceed 81,600 and towards this a member, there were present, the the Executive Committee of Health, |

and Lieut.-Comdr. Rudyard Help L

The order affects European Off- man (navel assessors) are hearing. the case while Mr. Eldon Potter, eers daing street duty, members of K.C. and Mr. F. O. Jenkin are the Motor Patrol Section and

Yuson Krisha.

The Fairways.

When the Court resumed, Com- mander Brooke defined the south- eru limits of the fairway about which discussion has ventred for two days.

It is understood that duties wil be changed approximately every ten days.

The order it is believed, has been received with general disapproval by all ranks,, who recently, had petitioned the Government for re vision of the hours of duty. Uniti "We consider that the southern the unti-Japanese riots in Septem limit would be bordered by the ber last, they had been doing northern limit of the man-of-war six hours' duty a day, but with anchorage," he said. "Turning the riots it was found necessary further cast, the southern limit to do eight hour dudy.

would be bordered by the northern limit of the dangerous goods un-

chorage and still further east by

the northern limit of the reclaimed ground"

Leave.

With regard to leave, the new order stades that-Officers charge of Stations may obtain or- Jr. Potter pointed out that dinary monthly leave, and sick

stated amount.

Would those interested kindly drop a note to Mr. J. S. Smith of the Kowloon Chess Club, c/o Post Office Box 128.-Yours et

J. 8, SMITH.

EVIDENCE NOT SUFFICIENT.

BRIBERY CHARGE NOT PROVED.

INDIAN POLICE OFFICER' DISCHARGED.

In this connection the appended report of the Executive Committee of Health was tabled at a meeting of the State Council:

The Report.

the funeral which took place at to subscribe, towards defraying the the Catholic Cemetery, Happy expenses. Any amount however Valley. Besides members of the small will be of material assistance. Portuguese Company of the Volun

The Rotal amount required should tear Corps of which deceased wan

Acting under the instructions of amount the chess clubs and players Hon. Mr. W. E. L Shenton, Capt. the Director of Medical and Sam- will subscribe.

Goster, Lieuta. Jarvis, Remedios,tary Services Department has offi. Until final arrangements are Lawrence, Rodrigues and Edmonds, cially requested the Medical Sup made, what is wanted at present H.K.V.D.C., Mosers. A. V. Gosano, erintendent of the General Hospit appearing for the China. Naviga European Police in harbour Barn a list of names of persons who R. E. Charles, James Young, a to adopt this new suggestion would be willing to contribute a E. Gutteres, M. A. Figueredo, E.which, it is expected, will make the tion Company and Mr. H. G,ches, and takes effect from Monday,

B. da Roza, A. F. Noronha, L. C. Hospital more popular. Sheldon is representing the Nippon August 1.

B. Souza, E. M. R. Souza, C. A; Figueroido, J. H. Figuereide, Bar A. V. Barros, E. Antonio, E. Gosano, A. Barretto, A. R. M. Samy, A. E: S. Alves, G. A. Guter- rea, D. Alves, D. Lopes, F. X Sequera, C. Cunha, J. Figueredo,

"Prior to January, 1832, it was, G. A. Victor, and many others.

the practice for patients in the Among the many wreath sent first class paying wards of the Gien- were those from the sorrowing cral Hospital (Merchants", Plan- | father, mother, sisters and brother tere' and Passengers wards) to be in-law, J. M. da Silva Rosario, treated by the senior physician and Aunty and Cousins, the Hon. Mr. the senior surgeon. Patients W. E. L. Shenton, Messrs. R. A. treated in the other paying wards Wadeson, A. A. R. Botelho, M. C. | (Skinner's, Gnanasekeram, Sea- J. Silva-Notto and A. Silva-Netto, men's and Memorial) were (and James Young, C. Strafford, G.. A. fare) treated by the 2nd and 3rd White, F. M.. Xavier and family, D.physicians and the 2nd and 3rd The case in which Mirza Khan, V. Steverson, W. A. MacKinlay, O. surgeons. The senior surgeon, Buoy A52 was a mooring buoy and leave not exceeding 48 hours, on an Indian Police Sergeant, was M. S. Oliveira and family, A. Basto however, was (and is) allowed three was situated in the fairway. The the recommendation of the Gov-charged with receiving bribes from and family, F. X. d'Almads admission days a week for surgical position was 'that if a mooring ernment doctor. They are entitled the proprietor of a shop dealing in Castro, Ser., F. X. d'Almada e cases in the Seamen's ward, bung were in the fairway, vessels to 24 hours' sick leave on the re-preserved vegetables at 11, Sai Castro, Jnr., J. J. Basto, J. 8. A.

2 In January, 1932, the rul were entitled to anchor there. commendation of a Medical officer, Street, was concluded at Central Creem, O. E. C. Marton, F., D. was minended by the Director of This point must be clear," in addition to the normal monthly Magistracy yesterday when, Mr. W. Alves, C. D'Assumpeso, M. R. dos Medical and Sanitary Services as Counsel wont on. "If Buoy A52 leave.

Schofield discharged the defendant. Remedios and J. J. dos Remedios, regards the first-class paying is to be treated as being in the European Officers doing eight

At the close of the evidence for Fung Shiu Wa and family, W. C. wards. Patients on admission to fairway, then any ship would be hours street foot duty, members of the prosecution, Mr. M. K. Lo, Hung, L. M. S. Barradas and Fany of the first-class wards were entitled to anchor south of A52, the motor patrol section and Euro who defended, made a submission A. Barradas, W. E. Hale, Leo given the right of selecting any If she did so and rang her bell, pran Officers of the harbour laun- that the Crown, represented by Mr. d'Almada e. Castro, M. H. Turner, visiting surgeon (if the case was she would be doing a perfectly pre-ches, will be granted three days' W. le Bart Sparrow, had not made J. Scott Haraton, H. K. Hung, one for operative treatment) per thing."

leave per month. The same

out a cuse against the defendant. Maurico Fung, A. H. Smith, 'G.. R. Į vísiting physician (if the case was Then followed some argument on plies, to European Officers 911 He reminded his Worship that Murray, N. and J. V. Braga, E. R. one for medical treatment) on the whether the fairway was a fairway Charge Room duty (one day on and the case was not one in which the Childe, B. D'Assumpeso, J. V. V. staff of the hospital de attend ou within the meaning of The Bluebell one day off) but does not affec policeman' was caught red-handed. Remedios, C. A. Assumpcio and them, but a patient coming to hos- or within the meaning of what Mr. Inspectors, on duty at the CentralThe defendant standing before sisters, Mr. and Mrs. F. A. M.pital for operative treatment could Potter termed "Table 1."

you on charge of this kind Rosario, Mr. and Mrs. J. A. B. not select a physician to attend on This leave may not be accumulat-naturally has the prejudice of the Silva and family, Mr. and Mrs. him nor could a patient coming for

Court," said Mr. Lo. "An offence d'Almada and family, Mr. and Mramedical treatment select a surgeon Mr. Potter: If outward-bound

One hour time off" is granted of this kind is a very mean offence L. V. M. R. de Bauss and family, This meant that gynae-cological "ships, steering a course for Lye to European officers for Police and the sympathy of the Court, Mr. and Mrs. A. A. dos Remedios, cases, which are generally opera- moon Pass, must keep right up to Court attendance not exceeding naturally, would be in favour of the Mr. and Mrs. A. C. Botelho and tive in the first-class paying wards, the man-of-war anchorage, right|two hours. An additional half people who are the accusers. How family, Mr. and Mrs. E. D. da could not be treated by the gynne- along the northern limit of the hour's time off" will be allowed ever much you may sympathise with Roza and family, Mr. and Mr. J. cologist (who is a physician), al- dangerous goods anchorage and for every hour above two hours, the complainant, your Worship M. Noronha and family, Mr. and though he had been allowed for thence as near as possible to the In this category, "time off" can must be satisfied that this case is E. J. de Figuiredo and family, Mr. many years to treat gynecoological reclamation, wall, I think it will not be accumulated except by proved according to law, before you and Mrs. E.. L. B. Leitao, Mr. and cases in a special ward in the non- come somewhat as a surprise to European members of the Water can say that there is evidence to Mrs. A. F. B. Silva-Notto, jr., Mr. paying section and also in the se captains of merchant ships."

and Mrs. J. E. Noronha, Miss D. cond-class ward reserved for wo

"Within the Fairway."

Commander Brooke stated thas the term "within the fairway' meant within the course usually taken by ships. He had merely do fined the southern limits.

Police Station.

ed.

Police.

Mr. Sheldon, in his address, had suggested that when Captain Rit

convict."

Account Book Not Evidence.

or

E. Pepperell, Mr. and Mrs. A. E. men (the Gnanasekeram ward). H. Castro, Mrs. A. Glosano and

3. "At, a meeting held on June Mr. Lo then submitted that the family, L. and Mrs. J. S. Rods, 1932, the Executive Committee chie had said his speed was six account book kept by the shop-rigues, Mr. and Mrs. J. P. Xavier, of Health considered the matter On Mr. Potter intimating that knots, then six knots was his mini-keeper was not evidence against and Mrs. L E. Guterres and and decided that a patient in a his next point would be that the mum speed. Toyooka Marn should have ported Counsel, however, submitted it the defendant and could never pre- family, Mr. and Mrs. N. B. Kit: Arat-class paying ward at the Gen her holm, Mr. Sheldon objected on was really bor maximum speed. judice the defendant. He cited chell, All Hanks No, o Platoon, eral Hospital should be allowed to the grounds that the Chief Justice The Kiangsu's speed through the authorities to substantiate this argu- H.K.V.D.C., Officers and Ranks, call in any member of the visiting found in favour of the Kiangsu on water was four knots and she had

H‚K‚V.D.C., Sergeants, H.K. staff to attend on him (or her). this point and if the judgment were a two knot current behind her, but ment. ... ... . to be disputed, notice of a cross that did not make her speed six Continuing Mr. Lo said that if V.D.C., Officers and other Ranks, 4. At a meeting held on June appeal 'should have boon, given. knots It was a matter for the the defendant had committed in Machino Gun Co., H.K.V.D.O, No. 23, 1932, the committee decided that,

After argument, the Court decid-assessors to decide.

offence under section 3 of the Or- 10 Platoon, Portuguese Co., H.Kas the matter was urgent, direc- ed that the phraseology of the judg. Mr. Potter also argued that the ment could not be interpreted as Kiangsu would not be justified in dinance, then the shop-keeper and Y.D.C., Officers and all Ranks, tions should be issued forthwith to weaning that the point had been stopping her engines and going his foki had committed offences Portuguese Co., H.K.V.D.O.,. All give effect to the decision of the found in favour of the Kiangau. ahead. Such action would tend to under section 4 That bring the Ranks No. 12 Platoon, Installation committed and that the decision No docision was given on this point throw her right out of her course

When the case was resumed in ease they were, in-a-way, accom- Dept., China Tight and Power Co should-be-reported to the State Mr. Potter then, contended that the afternoon, Mr. Potter said that places. Mr. Lo then went on to Meter Dept, Chinn Light and Council under section 45 (2) of the by getting back into her own if both ships were negligent, Mr. waters, the Toyooka Maru woald Sheldon had stated that the Toyoo say that the evidence of accom Power Co China Light and Power Ceylon (State Council) Order-in-

Iga Maru was not to blame. He (Mr. places could not be accepted by the Co., Messrs. Deacons and stoff, Council, 1031.

"at all."

have avoided a collision.

A further point is that the Potter), on the other hand, said Court at all unless it had very the Canossa Hospital, Chinese 5 «Direcions have accordingly. Toyooka Maru, should not have that the Toyooka Maru, was mainly strong independent corroboration, takon such a long tims to appre to blame. She could have avoided It was not sufficient that the foki Staff, China Underwriters, Ltd.; been issued to the Director of Me- ciate the position of the Kiangsu an accident by dropping her an- only should corroborate his master, Foreign staff, Chinh Underwriters, (dical and Sanitary Services from the sound of her whistles," chors and Counsel submitted that bub evan if it were, Mr. Lo argued Ltd.; Committee and members, to

give effect to the de- said Mr.. Potter.

the dropping of her anchors would that the foki did not sorroborate Club de Roercio; Messrs. L. C. Briston of the committen and have been effective

his master in the present instance.. Maximum Speed or Minimum. *

After Mr. Sparrow had replied, Bouza, F. X. Silva, La A. da Rocha, the matter is reported to the Mr. Schofield ruled that the pvi M. Remedies, M.. A. Carvalho, State Council under section 45 (2) of the (State Council) Order-in- Regarding the speed of the

donce before him was not enough Kiangsu, Mr. Patter remarked that

and accordingly ordered the de A. B. Gomes, B. Alves and I. J. Council, 1831." T. B. Panabokke, malinued at foot of next column)

fendant to be discharged.

Silva, and many others..

Minister for Health.

Mr.Potter then cited a number. of case after which the Court rose. illcaring will be resumed this morning when Mr. Jenkin will open his address,

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