1912-06-14 — Page 5

HIBITION OF ROADS.

.

THE HONGKONG TELEGRAPH, FRIDAY, JUNE 14, 1912.

MOTOR CAR TEST CASE. Did you over hear of any no- the Director of Public Worke

cident occurring on Caine Road in an Ordinance in 1903 that have you board of any cases of

put Apart from the newspapers, A SOLICITOR'S MISTAKE, THE LEGALITY OF THE PRO-ioned by a motor our?-givos a description of Jubilee shying ?—No.

No sir.

Motors are allowed to drive it is substantially correct.

Road, and to ask tho witness if

Mr. Bowley in his statement to The claim of the Woo Fat Co. Limit of Magisterial Authority, Road and Connaught Road which stated that the road was was based on two grounds. Ons before Mr. Justice Gompertz at

along Queen's Road, Dos Vaux

Mr. Bowley thon rond the report was no evidence. His defence for $1,000; came up this morning the Bench submitted that there against Fuk Shek-sun and others Yes, An interesting lost case con-

Did

given to the public by others cerning the now regulation pro-dents in any of these ronde?an a public road by the public manent defence. The temporary plaintiff and Mr. Leo D'Almada

you over hear of any acei-than the Government to be used might be called the temporary the Summary Court. hibiting motor cars from using Yos.

defogee and the other the per Mr. Lewis appeared for the certain roads in the Colony came

And Caine Road is safer than road cost $115,272-27 which in- generally without oxception. The before Mr. Irving, at the Police Queen's Road or Connaught Road,cluded the sum of $524 paid by was expressed in the maxim ship fix a day? Thoro is still

defence was based on thefor the defence. Court, this morning.

general legal principle which Mr Lewis-Will your Lord- Mr. J. 1. Komp, the Crown where thoaccidents have occurred, road was a public carriage road. his Crown," or, as he preferred to the nation.

is it I cannot say for certain the Government, That showed the "A King cannot derogate from the question of my leave to bring Solicitor prosected, and Mr. your Worship: I have heard of It was sixteen lost wide with a put it, the Government cannot Mr. D'Almada -I have no Dowley and Mr. Jin autod for motor accidents. the defendants. There were three We will say on the tram rond.

gradient of one in twenty, summpases in all, two bojug held [I don't want to pin you down to able for motor cara?—Yes.

any particular plures, You have heard of accidents on the trainably safe road for motor cars Is it in your opinion a reason rond?—I cannot say any partion-driven by a careful striver?-Yos for place, but in the Colony there sir are placos, but I cannot say where.

Is every motor car driver in the Now Mr. Apploton; can you not Colony required to pass an ex-

OYDI.

The first caso concerned Mr. Lauritsen of the Dragon Garage, Mr. Irving You are charged with driving unilier 9 car on prohibited roads to wit Garden

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In you opinion is it a road suit-rugoto from this Crown. The objection to my friend prodceding GARNER QUELCH & CO.

Road, Albort Road, Upper Albortbe honest and admit that the amination by the police as rogards ng motor cars for Hongkong-a to another solicitor who had Road, Bonham Road, Jubilee accidents you have heard of his competency and reliability-ly have. On the licencéthere were instead of amending the writ, ho Road and Caine Road, on the occurred on the lower level?-1You sir. 10th of June.

cannot say, sir, without investiga- Mr. KompThe same occursting further. by driving along routes which are not included in his authority There is no disputing the facts: I understand Home techincal offence line been committed,

not

Executive Council of this Colony in the action, providing your client and others the right to hire writ as he did, without prejudice had the right to grant to his that I agreed to him issuing the in pursuance of certain power Lordship taken a note of the fact

cut motor ears at a fee of $10 to my defence of res judicata. vested certain capital in provid- clients had originally gone per annum. lis olient had in- Mr. Lewis explained that his

convenience they did not previous issued the writ wrongly; and, And can the U.SP. rovoke the was bound to admit the validity tored against the plaintiff with cortain conditions ondorsed. He consented to judgment boing on- licence at any time ?---Yes sir. your biggest car?-Six feet.

What is the extreme width of added. "I say that the Executive action.

of any of those conditions but he leave to apply to bring a further Government, by executivo action That is the outside measure-at the Executive Council, a secret ship gave me judgment, because Mr. D'Almada:-Your Lord The road is sixteen feet wideful of Government Officials, could writ. The plaintiffs then went to oligarchy consisting of a hand- Mr. Gardiner refused to amend the and two cars can pass there?not deprive the motor our ownors Mr. Lewis and he then issued an- of the rights given to them by other writ without first obtaining those licences, I submit on that your lordships' permission. ground that those regulations, Mr. Lewis-The solicitor in owners from driving on certain sonted to judgment instead of which purported to stop motor the previous action wrougly con-

drive along, Caine Road route or

Which route de you profer touro null and void."

earriage roads in the Colony, amending the writ.

Comfortably?—Yes.

·

Mr. Irving-In Jubilee Rond? Mr. Bowley Yeti.

dents occurring on the lower Have you heard of any ucci- fevol?-1 cannot say whero, sir, but that the accidents have pe-mont ?Yes. [curod; I cannot mention the spot,Į Mr. Irving You are disputing the facts Mr. Bowlay? Captain Superintendout of Police Yes.

Is this licence issued by the Mr. BowleyNo your Wor to the defendant to let out this ship.

nator car for hire for one your Delcative Appleton said that atautil the 30th of June ?—Yes, sir. 5-52 pm, on the 10th inst, he saw And is this (another licenco), a the defendant driving mumber licence issued to the defondant to ear along Caine iload going in a drive a motor car until the 30th westerly direction near, Ladder of June?-Yes sir. It isa driver's Street. He took the number alicnnco your Worship.

along Des Voucx Road?-Caino Now for his other defence. His Mr. Kenip: The regulation of Mrs Bowley --You are on the April 1911 restricted motor cara

Mr. Living-You say so 2-time ago there was a measure to Worship would know that some detective staff Mr. Appleton on certain streets and provided You, Yes.

that they should not run on cer2

prohibit barmaids and a publican a street ?—Yes.

was ammoned for employing thom. His Worship's lourned pro- decessor dismissed the summons

the time.

Have you any duties connected with the regulation of robicular tràilie That lies with the whole of the Police Forco, I have to carry out the Ordinances and sco that the dinances aro carried

out..

Other motor cars in other places have made themselves public múisances ?—Yes sir.

(laughter).

Mr. Bowley Henco thess tears

dangerous to motors ?-No.

Is Caine Road in your opinion

Road,

Mr. Bowley-In the course of your driving have you ever driven over animals?-No.

Not even a blind kitten (luugh

(or)?—No.

His Lordship:-If you are bar- can be raised at the trial. red, you are barrod, and the point

ship will observe the fact that I Mr. D'Almada:Your Lord

judicata, roserve the right to plead res

Mr. Lewis-Originally the writ the ground that the Executive fendant to the plaintiff as surety. was for money due from the de- had no power to alter the licence I am suing the defendant for When driving along Jabiles during the currency of the money duo for work done and Road on the day in quontion licence. These licences should remember? what did you meet. Do you not and could not be alteredidur. goods supplied at his request.

His Lordship-How long will ing ourroncy.

it take?

Had you any special fustruc-1 understand that the defence will Mr. Kemp: That is my evidence. tions with regard to this regula-call the defendant and by him tion?Yes the day before I was told by the Inspector to warn the prove driving, in the other atroets you were driving with him?

defondant, aut others, that the dow regulation was in force,

Mr. Christen Lauritsen then into the witness-box and got

Mr. Irving:-That is the day

Mr. Powley-Yos..

Mr. Kemp submitted that the Executive Council had the power to make alterations in Ordinances whenever that course was thought nocossary and to the bonolit of the Colony. In this instance it was thought wise to do so and it had been done. In 1911 cortain roads You did not meet a solitary in-traffic and why could it not be had been prohibited to vehicular had been driving motor cars lividual until you came roundene.now, as thon?

to Cireen Island where you met u rickshaw?-Yos.

Witness: met ainan with two grooms rode the others. three horses. He rode one and quinted with petrol motors. He Mr. Bowley Did you have cars in the Colony and held a horses No. was the owner of several motor any difficulty in passing these driver's licence in the Colony. He

At the time this cecariel wasngineer and was thoroughly we sintal that he was a mechanical it being driven furiously and to the danger of the public?-No.

Wore the occupants of the car behaving in a noisy or disorderly fashion?-No,

Was the car creating a public nuisance of any sort? Well it was committing a breach of the regulations by being there.

the road thero.

about a year. On Monday last, Mr. Bowley requested him to drive him in u inotor car along Jubilee Road. Garden Road, Caine Road and

Mr. Bowley-We did not Noither a vehicle nora jedes- want to use these roads and we train nor horses?-No,

did not object.

Then you met one podestrain

Yes.

Mr. Kemp stated that the

at the honil of Kennedy Town?Legislative Council and acted

rate could not decide against within their powers and a Magis

Did you notice that on the road there was grass growing in places?—Yes,

And in other places the surface was broken and wanted repairs rory badly ?-Yes.

Yes I know a breach of the re- gulations, but was it committing

Mr. Keup (to Mr. Bowley) any unisance at the moment you saw it? Well there were three You were aiding and abotting cars behind one another and it laughter). Witness, continuing, might have been a nuisance to said he drove up Garden Road past any children hoing in the road Dr. Noble's garage, nnd round by through the sharp bends just near the Volunteer Headquartors, and along the Upper Albert Rond to Was there any more risk driv-Cains Road, along Bonham Road ing a co na lie was driving, as and Pokfulum Rand. Under the Take the Old Pokfulum Road in driving a dog-cart along?A regulations endorsed on his from the University where it motor enr would travel faster then licenco certain roads in the City joins Jubilee Road, are the a log cart

of Victoria wero prohibited. gradienta very much safer than I know it might, but was there. Mr. Bowley-I 10 nat Jubilee Road ?—Yes. any more danger from the speed know it your Worship is fami- it was travelling than driving a liar with these routes. The Yos. dog curl-Yes.

What spoed was the ear driv- ing? About five or seven miles an hour.

Have you over driven a dog cart?—No sir.

prohibited areas endorsed on the licence do not include the roads just mentioned. And you took it as your right to drive along the roads?

Witness:Yes sir.

.

Does it contain bad corners?-

Just as bad as the Old Jubilee Road -Yos.

|

law.

a

After hearing a lengthy address from Mr. Kemp, Mr. Irving said that he would give judgment on Monday morning.

KOWLOON'S NEW CURATE.

Sketch of His Career.

Mr. Lewis I think it will take a day,

Mr. D'Almada: think so too, unless on the question of law it is not disposed of.

The case was fixed for June 21, particulars to be given, and mu- tual discovery being ordered.

LAW LIST.

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[Original Jurisdiction.

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Saturday, Juno 22. Meeting, noon.

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Choung Loung Keo Firm v. Prus- sian National Insurance Co., Stot tin (part heard).

June 17, before Mr. Justice Gompertz-Probate Action No. 2. Tang Wong-ahi v. Tang Yui- Jai and another.

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Is there a bridge that neces- sitates a double turn?--Yes.

And is very narrow ?-Yos,“ And is there a very steep Then that accounts for it. How

Mr. Ken-It was a licence gradient down from the bridge Pope, M.A., who is to succoed the The Rev. Norman Christopher long have you brou in the to drive in this area but other re-mentioned ?—Yes. Colony ?-bont twelve years.

strictions have como along since. Near the bridge there?—Yes,

Rev. II. O. Spink, is a compara- During the twelve years you Your licence contain prohibited

I take it that in your opinion tively young man, being about have been in the Colony havo you roads ?--- Yo ́s,

Jubilee Road is much safer the thirty-one years of age. He was frequently noticed carriages being Mr. Bowley-But these pro-old Pokfulum Road?-Yes. driven along Caino Roud Yes hibited areas do not include the

educated at St. John's College. 25 WORDS $1 for 8 insertions or Ozette (Egyptian Blend) Now you were informed of the Cambridge, where he did ex- occasionally I have noticed them. roads which we were along on closing of Caine Road and Jubilee

Have you frequently seen motor Monday afternoon? No. Witness Road on Saturday Morning?cellent work. In 1902, he secured

went on to describa the road ho Yes. cars on Alpst road ?—You xir.

the Stowart Hebrow Scholarship, Do you know what the width of travelled along, which he had

six feet.

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the road is at its narrowest since heard had been prohibited on Saturday morning. I think a Naden Divinity Student.

Yes the Gazette is published while two years later, he became WANTED-Young Lad (British) for

Princess (Barma Special) oliou. Bisto age and salary requir-Apostolou Jupiter (Gold Tipped)..... point?-I cannot say:

but were not mentioned on his you had certain correspondence

ed. Apply P.O. Bọx 250,- Do you know what the greatest licențe,

In addition to this he passed Hongkong, 18th June, 1912. with the Government with regard the Theological Tripos Parts 1 and width of a motor car ia?-Not Mr. Bowley:Is there any to driving at night 2-Yes it personally; I baliove it is about road suitable for driving a car Friday evening.

from Murray Barracks to the

2, securing second class honours.. Had you the slightest inkling In 1904 he gained his B.A. NORDDEUTSCHER ··LLOYD, Do you believe the road is University other than Caine Road? whatever that the Caine Rond degree, while two years later his about eightson foot in places-No sir.

route and the Jubilee Road route took M.A. from Ridley Hall; No,

Is there any other road to the were going to be closed P--No. Cambridge, In the interim, 1905, Less than eighteen feet?- University than Chine Road that

Mr. KempYou have heard he was ordained and performed would not like to say anything does not go through Chinatown; of a case of horse, being startled his first year's work in the loss; I have not measured it, nny reasonable road ?-No.

by cars on Jubilee Road 2-No. ministry as a curate at West Was this car occupied solely by

Any road reasonably suitable Owing to motor cars?-No, Ham, which district he left in Luropeans?--Well I cannot er- for carriages from Murray Bar- You have road nothing in the 1900, proceeding to St. Peter's, aotly say. I saw all the ours, racks *—No. there were three ears, and as they

Have you ever met with an ad- the paper.

papor about them ?-I have read St. Albans, where he stayed two Taking

years. From 1908 to 1910 he went along I took the numbers. cident of any port whilst driving

But not about being startled?— acted as curate at Melcombe During the twelve years you along the Caine Road route No. From what I road they were Regis, and from the latter year T have been in the Colony have you No.

not startled.

until the present, he has been a been in the Polico Force all tho Have you ever met with an ac-

"BORNEO," What did you read 7-I read in curate attached to St. Matthew's Capi. F. Bombill, (rerdy to load on timo ?--Yes.

gident whilst driving along Ju- the nowspaper that the horses Parish, St. Leonards-on-asa. bilee Road ?-No.

FRIDAY, 1x) will leave on BUN- were not startled when the car Mr. Pope will leave England DAY, the 10th inst, at 10 a.. was approaching. *** | in August and is due to arrive in. For Freight or Fausage, apply to

Did you read that an accident Hongkong early in September.

**NORDDKUTBOHER LLOYD, was narrowly avoided ?No the We understand that his wife will

MELOHERS & CO. 07 car was stopped..

follow Inter

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15th June, 1912. CT

Daring that twelve years as you know, it has been perfcotly Inwful to drive motor cars and carrigass along Caine Bead until Saturday Jaat ?--Ion)

*

Have you ever heard of any such accident on Jubileo Road?

No.

I propose to read a report of

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Hongkong, 10th June, 1912

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