1939-08-17 — Page 7

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HONGKONG DAILY PRESS

HARBOUR DEPARTMENT FUNERAL OF

SUED BY ADMIRALTY

$20,000 Claim For Alleged Damage To M.T.B. No. 8

A collision between a. Motor Torpedo Boat, of the 2nd Motor Torpedo Boat Squadron, and a Harbour Department launch on" November 25. last had a sequel in the Supreme Court yesterday when an action claiming $20,000 damages was brought by the Commissioners for Executing the Office of Lord High Admiral 'n the United Kingdom against Lau Pul, coxswain of the Harbour Department launch No. 10.

11

CAPT. JOHN MIDDLETON

SUDDEN DEATH

OF SKIPPER

The funeral took place at the Colonial Cemetery yesterday of Capt. John Middleton, who died suddenly at his residence at Dina House on Tuesday night, Rev. C. Strong officlated at the graveside.

The

GENERAL

INTERESTING

TEST CLAIM

Swatow Hostilities

Are Recalled ·

SUM FOR BACK

charged...

FREIGHT

+

*The case was heard by Mr. Justice R. E. Lindsell, Mr. F. H. to Loseby appearing for the plain- tiffs and Mr. M. M. Watson for the defence.

The recent hostilities at Swatow were recalled. at the Summary Court yesterday when, in what was stated to be a test case, the Wal Loong Hong, of No. 148 Wing Lok The late Captain Middleton, Street, claimed the return of $120 formerly skipper of the ss. Yun-from the Jebahun Shipping Com The action was heard by the The first and only witness called nan. had been connected with Pany, of No. 70 Connaught Road the sum representing back was Lt. Boddy, who Messrs. Butterfeld & Swire for 18 West,

freight on a motor car paid to Chief Justice, Sir Atholl Mac-yesterday Gregor, with Capt. C. Moody, R.N., corroborated counsel's description years. He was on short leave and

of the circumstance, leading up was preparing to go to Shanghai the defendants and which plain- sitting 24 "Assessor.......

Witness gave for a holiday on Tuesday night tiffs allege should not have been Mr. H. G. Sheldon, KC., tn-to the collision.

when he complained of a pain evidence of a technical structed by Mr. E. S. C. Brooks, lengthy

regarding while nature

handling of

and died suddenly. appeared for the plaintiffs,

and also He left a widow in Hongkong, a

'mother. the defence was conducted by Mr.motor torpedo" boats,

brother and sister John Whyatt, Crown Counsel, as-with regard to their behaviour

mourn his loss, sisted by Hon. Cmdr. G. F. Hole, under weigh

Among those present at the Mr. Whyatt, in cross-examina.

Mr. Loseby said that the facts RN. (retired).

that service yesterday were Captain J. Outlining the case, Mr. Sheldon tio, pointed out to witness

Tinson, Marine Superintendent, were agreed. Defendants were the Commodore said that Motor Torpedo Boat No. in his report to the

accident, he said that Mr. A. Crawford," Engineer Bucharterers of the 88. Marle Moiler &, which was involved, was under after the

perintendent, Mr. H. Waller, Capt. by which, on June 20, the plain- reduced the command of Lt. R. L. Boddy, speed

Swatow. It left the Naval Camber at Yau- seconds before the collision, which W. E, Kirby, Mr. D. Altken, Capt. tiffs shipped a

J. White, Capt. I. N. Newton, Capt.

At that port, the ship was mati about 5.15 pm. on November would indicate that the M.T.B. was. Evans, Capt. O. Fox, Mr. Camp- 25 and set off on a westerly course about 600 feet away from at 12 knots near the No. 5 Wharf. launch. whilst he had stated in bell, Mr. J. P. Allsopp, Mr. R. Koc. turned back by the Japanese. The A bouquet from his wife and a defendants demanded the $120 by The length of the Motor Torpedo evidence that the distance separat-

wreath from his mother, brother way of back freight, the sum being Boat was 60 feet, and its net ton-ing was about 100 feet, which

and sister were interred with the identical with the upward freight nage was 17 tons, whilst the length would indicate that there were

court to decide, said Mr. Loseby, of the Harbour Department launch only three or four seconds between casket. Other wreaths were sent to Swatow. The question for the was about 55 lert and its tonnage slowing down, and the actual coll by the following :--

was whether the $120 was properly charged or not.

10.44 tons.

1.

VISIBILITY GOOD

Visibility on that day was good.

northeast wind of

There was 2 force 5, and there was almost slack water with a slight flood tide.

ston

WELS

about

40

the

Witness replied that it was very hard to estimate just how long a second was when one was navigat ing by eye in such circumstances. He had other considerations to factor look after. and the time Near the end of the No. 5 Wharf, was the last thing in his mind. the MTB. saw the Harbour De- Mr. Whyatt: Are you saying partment launch on her port bow that in these circumstances you southwest by west, about two-and-could mistake 40 seconds for four a-half cables away. The launch's seconds?-In making out the re- course was about north.

port the time factor, was the "last This, said Mr. Sheldon, showed thing in my mind. that the launch was clearly

"I put it to you," said Mr. "give way" ship, while the M.T.E.

Whyatt, "that you could not make was a "stand on". ship.

The launch carried on on her out the collision on the "report, course, continued counsel, and Lt. and later you altered your estimate Boddy, therefore, ordered a 'warn-i

AN OBJECTION ing to be sounded on the horn. 1 "The horn, being out of order, did Mr. Sheldon objected to the not respond, and Lt. Boddy then 'question, saying that it amounted shouted and also waved he arms to a suggestion of fraud.

His Lordship said that Lt. Boddy

REDUCED SPEED

A

of time."

11.

motor

Pase

car

tü

was master

Cargo

DISCHARGE UNSAFE

said the ship Mr. Watson turned back because the deemed the discharge of unsafe, having been warned by the Lavolved an Japanese. The interesting point with regard to bills of ladings, said Mr. Watson. prove who quoted authorities ta that the master of a ship had the power and duty, in the circum-

Mrs. V, S. Monaghan, Mrs. Daisy Jex. Miss D. M. Brackstone, Mrs. A. E. Matthews and family. Mme. E Huguenin. Madame Chiffon, Mrs. L. de Britto, Mr. J. P. Allsopp Mr. W. H. and Robert J. Koc. Locke, Mr. W. W. Cole and family, Mr. A. Altken, Mr. A, Sawson, Mr. and Mrs. A. H. Finnie;

Captain and Mrs. O. Fox, Capt. and Mrs. 3. S. Anderson, Captain and Mrs. Evans, Ruttonjee Estates, Ltd., Members of Floating Staff of the China Navigation Company, stances. to deal with the cargo Members of Staff of China Navi-and that the owners of the vessel

Company, Members of could gation

clalm in respect of cargo Staff of Messrs. Butterfeld and brought back. Swire, Marine and Engineer Bu- Mr. Watson submitted that the cargo perintendents of the China Navi-expenses of returning the gation Company, The Honourable were quite properly charged under Company of Master Mariners, The the terms of the bill of lading..

Mr. Loseby submitted that China Coast Officers' Guild, and. Institute of Engineers and Ship- the ship entered Swatow and had builders of Hongkong.

been unable to deliver its cargo owing to the host'lities, it was the master's duty to preserve the eargo

The speed or change her course, but mony in such a way as to satisfy the M.T.B. reduced her speed to the Court that he was a witness "about nine knots. The distance of truth, and he could not allow separating the two vessels then any innuendo against such testi-.

launch did not reduce had throughout given his text K.C.C. CONCERT and incur expenses on behalf of

the mony.

was about 150 feet. When -ships were about 100 feet away. Lt. Boddy ordered hard to star- board.

In answer to a further question by Mr. Whyatt, Lt. Boddy said that it was after the Naval Court of Inquiry that he first realised that his estimation of 40 seconds was hopelessly wrong.

>

been men-

ON SATURDAY

the cargo which was his duty to look after for the shipper. This did not happen in the present case, sald Ma Loseby.

REASONABLE FEAR

The Kowloon Cricket Club are holding a concert on Saturday for

The Puisine Judge observed, that which a well chosen programme has been arranged. Should the in the present case the ship did weather permit, the function will not enter port because there was! be held on the main ground, just reasonable fear. in front of the pavilion.

1

Members and their friends are

cordially invited.

il

There was

reasonable fear in

THURSDAY, AUGUST 17, 1939.-PACE T

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the interests of the ship, said Mr. MANILA CROWDS

Loseby, but not for the cargo.

The agreed facts were that it was VIEW CHINA

unsafe to enter port but not un- safe to discharge.

WAR PHOTOS

The Harbour Department launch did nothing, hut both Lt. Boddy and Lt. Harris, who was behind in another M.TB.. would say that

Asked why he did not mention the launch turned to starboard.

THE PROGRAMME "To avoid a collision, Lt. Boddy or-in his report that the sound signals

The following is the pro- did not work, as required in the dered full speed ahead,

Mr. Justice Lindsell: Surely it i There was, however, a collision, King's Regulations, witness said, gramme?-

Overture: Alexander's Ragtime

from war-time Photographs must follow that if it was unsafe the launch striking the port side the point should have

China recently attracted large -of the M.T.B almost at right tioned. The horn, explained wit-Band: The Orchestra.

Xylophone Solo:-Nola; T. Phillips to enter it must be unsafe to dis sent for repair, Song:- Linden Lee, Jock The charge.

crowds when shown in Manila at angles, three foot abaft the for-ness, had been

and it was not in good order, but Fiddler; Victor Sanders. ward engine-zoom. bulkhead.

Mr. Loseby said that the point the Crystal Arcade from. August 11 Strutters Selection: Darktown

was that if the ship was lying to 15. Mr. Sheldon sald that if the he considered that, such as it was,

Ball; The Orchestra. horn

Sponsora of the showing of some facts were proved to be true, then it was better to have the

Violin Solo: Souvenir, Spanish safely in Swatow and the master the fault for the collision clearly than none at all.

Dance; W. Marshali.

thought it unsafe to discharge, his 400 pictures from all parts of the Song:-Rose Marie, The Old Violin; duty was not to discharge but to interior and war fronts were the Eva Turner.

Selection:-Deep Purple; The Or take steps for the safety of the Friends of China, the Congress for cargo. The only question would Democracy and Collective Security, be that of whether the freight the League for the Defence of back to Hongkong was greater Democracy," the National League, than the value of the cargo.

and the Chinese YMCA The master was here never in At the Friday "pre-view for some that position, continued Mr. 300 dignitaries, and outstanding Loseby. He was satisded that the members of the local community The port was unsafe, Hongkong was wives of leading government off- the port of shipment but was alsocials served tea. These included the nearest und safe port, and Mrá J. Weldon Jones, wife of the the master's contractual duties was acting High Commissioner. Mrs. to bring the cargo to Hongkong, Walter &. Grant, wife of the com- The After discharge, the ship's respon-manding general of the Philip

and Mrs. *sibility ceased, but the goods should pines,

C. Kuangson

lay with the Harbour Department Jaunch.

COMPULSORY

SERVICE

ORDINANCE SUMMONS

The Arst offender under the Compulsory Service Ordinance was summoned before Mr. R. Edwards at the Central Court yesterday and was fined $10. He was Charles Percival Archer. of No. 24, Flem- ing Road, Wanchai,

The summons against him was that on August 2, without lawful excuse, he failed to comply with an order issued by the proper authority to attend at the Garri- son School to submit to medical examination.

Archer pleaded guilty to the summons, giving the reason that it was due to pressure of work.

"At this stage, bearing was ad- journed until this morning.

THE GOVERNOR'S MOVEMENTS

Following & visit to the Little Sisters of the Poor in Kowloon at 4.30 p.m. to-day, H.E. the Governor and Lady Northcote will go into residence at Mountain Lodge,

AIRPORT NEWS Imperial Airways: -

*NORTHBOUND Friday: Bangkok, Hanol, Hong-

kong. Delphinus-4.p.m

SOUTHBOUND Friday: Hanol, Bangkok. Dorado. Denebola-7 & 7.30

Air France

“NORTHBOUND

chestra.

Charmer;

INTERMISSION Selection:-The Enske The Orchestra.

Accordion Solo:--La Petite Ton kinoise, Czardas: H. Sharrock.

Song:--One Fleeting Hour, The Sweetest Song: Helen Lockhart

Selection: Jeepers Creepers: Orchestr

Guitar Solo-Japanese Sandman, Plickin' and Stealin': H. Slayter

Song: The English Rose, Absent; Hector, Wiggins.

Selection Heart and Soul;

Orchestra.

Land of Hope and Glory: Helen Lockhart; Accompanist H. Hale.

have been brought back here free Young, wife of the Chinese Consul- of charge.

General,

"In reply to his Lordship, Mr. Loseby "stated that the case was in the nature of a test case:

Judgment was reserved.

TRAFFIC ACCIDENTS

EMBARGO UR

URGED DAMAGE ALLEGED

On the following day the crowds, Hearing was continued at the

for the most part. Filipinos, were Kowloon Court before Mr. Q. A. A.

so great outside the Arcade that Macfadyen yesterday of a sum

the doors had to be opened 45 am.mona zainst TBM. Connolly

minutes before the oficial starting of Prince Edward Road, who is

IN THE COLONY time, and at the end of the day. M charged with having on July 12

In the Colony of Hongkong in-80me 15,000 persons were estimated wilfully and maliciously broken a Wednesday: France, Hanoi, pane of glass in a door of taxi No cluding the Island, Kowloon and to have visited the showing & 735 belonging to the Blue Taxi New Territories during the week petition urging the new High Francis B. fending at 8 am. on Saturday, Commissioner, Company.

After evidence for the prosecu-August 12, 1939, there were al- Bayre, to seek an arms embargo tion had been taken, further hear together 105 trame accidents as on Japan was signed by over ing was adjourned to August 21 the result of which 4 persons were 5,000 people..

Of particular, Interest through at 2.30 p.m. Mr. F. H. Loseby is appearing for the Blue Taxt Com- pany, and Mr. G. 8. Ford for Connolly.

Hongkong.

Service-noon.

SOUTHBOUND

Wednesday: Hanol, France. Service-1:30 pm. (same day).

Amèrican AirwayE:

ALLEGED FRAUD Appearing before Mr. R. Ed. wards, at the Central Court yester-Pan day. Chan Po, alias Fal Po, who was charged with conspiracy to defraud and obtaining money by: false pretences, was remanded ti Baturday. Ball was allowed in $500,

*EASTBOUND Wednesday: U. S. A, Manila,

Hongkong.

China Clipper-2 p.m. WESTBOUND

The defendant was alleged to Thursday: Manila, USA. have obtained the sum of $196 China Cilpper 8.30 am. from Bhek Chi, purporting that NOTE: Due to a delay in the she was in a position to let to the connection on the Empire Route, complainant a fat at No. 226 the inbound midweek Thursday Queen's Road Central on June 22 service from Bangkok has been de Mr. M. A. da Silva appeared for layed and is reported to be arriv the complainant,

ing at Kal Tak on Friday.

killed and 40 persons were injured.

Of the persons killed, two Chi- the ave-day showing, were some nese males, age 24 and 53, died 95, pictures of the activities of from injuries received as a result the Chinese Industrial Co-opera- of a collision between vehicles and tives sent to the promotion group alighting from a P.WD, Jorry Manila from the Hongkong Promotion Committee. Bympa- while in motion, respectively.

Sentence of four months hard labour was imposed on Leung Yun," unemployed, by Mr. T. J. Houston, at the Central Court yesterday, for the theft of an envelope con- Ing or running across the road and taining a sum of $21.91 Hongkong were struck by vehicles. currency and, $10 in Chinese Of 105 accidente, 37 were coll money, from a messenger, Chut stons between vehicles, 40 were Kang-long, at Queen's Road Cen- collisions between vehicles and tral on August 15. Leung had one pedestrians: 28 accidents were due

to other capses previous conviction against him.

Or "persona... ir jured 28 were thisers in the Philippines have in pedestrians, who were either walk the past few months sent more than NC$250,000 to be used by the Chinese Industrial, Co-opera- tives mostis

the guerilis," areas, With the close of the exhibition the pictures will be don, Patis, New York, and oth large cities of the wor

$14.00

Tel. 28151.

KIRIN

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