1918-04-09 — Page 9

THE RACECOURSE DISASTER.

CONCLUDING STAGE OF THE ENQUIRY.

POINTED ADDRESSES TO THE JURY.

The conclud og stage of the enquiry into the Racecourse disaster was reached yesterday afteracon, when the jury WAS

Mr. Leo Dalmada. Yesterday we gave a brief summary of Mr

now gave his speech rore fulty:

Mr. F. B. L. Bowley (for the mat shed contractors Sie Hop) Said: In his opening remarks the, Attorney General informed you that technic ally you are here to enquire inthe cause of the death of a single per

Now the persons upon whom i

THE HONGKONG TELEGRAPH, TUESDAY, APRIL 9, 1818,

pipe.

that point with rega mit from your own expe matsheds, and I think

although drought may

defects, as that the latter might Authority I should like to refer to so me that it was the obvious duty for any legislative authority bave gone at once to the son for its the question of tests. It appears of any member of that Brigade and

The next siste who took upon supply instead of waiting time in that during the 10 years of British of any officer of the police, who themselves a duty towards the life. trying to pump water out of a 3-inch Government in this Colony no texts noticed that cooking was going onty of the publie ware the lessons, affoot squared timber, it.

have been made either of the mat in the mataheds, to take immediate who for their own ends voluntarily Now the only conditions that the terials of matcheds, or of the load steps towards stopping that most undertook to erect sheds, and inflect on these round pole Director of Public Works in his which they can carry. Professor dangerous practics.

vited the public at large, to come to

are practically in threefold capacity made with regard Middleton Smith sad others have

A report to the Captain Superia their sheds, either to see the Races The construction of these sheds to these matsheds were not for the pointed ont the difficulties of tendent of Police, and a warning or to try their luck in the Fari was carried out in the most public

condition

safety of the public, or the guidance į material testa, but I imagine they from him to the lessees would prob. Mutuel or Cash Sweeps, sabject of manner possible, in the most publia. course to the Lessees commission place in the Colony: there was no

the

and

and ar-

Bot

or damage.

The design of the sheds has been

or assistance of the lessees or can-were not insuperable, whilst the ably have been sufficient tractors, but rather the reverse.dead-load test might easily have It is no excuse to say that there on the sale of tickets. For example, by insisting on a been made the live-load was no rule against cooking, sa in gangway and fence at the back he calculated, approximately at least, cases of imminent danger the police would have been better to let the builders) reserved the right to se

I have already suggested that it

inducement to jerrybuilding, as...tha obstructed free access to the sheds from it

should act at once for the public sites to substantial individuals only, move the materials after the Roos, contractors (unlike the ordinary, I have a few remarks to make safety, and it can hardly be supubject to security, and you hare and it was to their interest, there- caused in his absence by the and doprived the contractors of the negligence of his servants or others. right to use raking struts at the about the Water Authority and then posed that such

& warning would heard that many of the sheds were fore to guard against any breakage "It is no defence that the death the sheds to be within 50 yards of Department to the Police.The.I think you will agree with me posed of clerks, meter readers, of

back of the row, and by allowing I will pass from the Public Works have been disregarded.

let to syndicates, some of them com. was caused by the negligence of addressed by Mr. Bowley and others as well as of the prisoner; buildings he increased the risk of fact which cannot have improved it, ignorant of the existence of cooking, Works Department... Whether it is made by several to throw ali rez- Golf Club-house and other three-inch pipe was 20 years old | that if the heads of the police were fice boys and coolies in the Public criticised and an attempt has been death be occasioned by the act or

'Bowley's earier points and we guilty of manslaughter; but if thegard to the height of the sheds, thesistance of a 4inch pipe, it serves it grievously neglected a duty which booths is a question which I do bot I submit that this is unfair-the

default of several they are fire.

It serves not only the Golf Club all those members of the force whdesirable for Government Servants ponsibility for the design upon the No provisions were made with re-and Jockey Club but, with the as- knowing the fact failed to report to have a share in these gambling contractors particular negligenes imputed to the prisoner was not the proximate numbers to be accommodated, the Wogneichung Village and the sup they owed to the public in general, propose to discuss and efficient cause of the death, he position or size of the exits, stair ply which is pumped up by electric and to my clients amongst others.

These lessees cases or gangways, or the use of motor to Broadwood Road., All

contractors were not given a free But I don't think the theory that control

bad absolute hand: they were restricted, within. cannot be convicted"

the sheds (except a fatile condition these factors (which were known to precautions are useless is to be mensions, construction

oyer the design, di- certain narrow lines by the Public about gambling, which it was not the Water Authority) must have taken literally, it has been admitted rangement of the sheds, provided they were not allowed to put slop- duty was imposed, or whe took upon intended to enforce), no precaution tended to weaken the pressure on by several witnesses of experience caly that they di

Works Department: in particular, themselves a duty in connection whatever was taken against fire, the fire hydrants. The

Water that buckets of water in the shed step: the limits of the Site Plan they were pressed as close a por sea, but he reminded you that over with the preservation of the lives and no step was taken either to Authority fold us that fire hydrants might have been of great value, and They controlled the supply of elec-sible to the Bacing Track. If the overing shores at the back, and in front 500 persons had lost their lives in Fof the visitors to the matsheds may improve the water supply or inform were placed, not where the Fire that a bose laid in position and full tric light, also cooking arrangements, contractors had not been restricted Brigade wanted them, but where of water kept in readiness might exits, staircases and counters, also by the narrowness of the site it The excuse is put forward that the Water Authority thought they have subdued the fire in its initial the admission to, and use of the cannot be doubted, that they would

should be placed, which

seems stage: and that view is supported sheds. My clients could not inter- have inserted on each side and as for some 40 years, but, gentlemen, rather a curious arrangement. He by more than one independent wit- fare in any of these details, except to angle of the sheds- those · raking

was not sure whether the diameterness. (e) the Contractors and their

of the pipe was indicated at or rear

the extent pointed out by His Wor- shores which are much. employes.

20 years there have been a number the hydrant, nor did he know these two very obvious and simple aganist a design which would resultstraction

why ship, namely to warn the lesseen feature in Chinesa matshed, cop- a familiae Now I submit that the Govern of disastrous collapses and fata! whether the Fire Brigade had a precautions should not have been in an obviously dangerous shed from ment only exists for the benefit of fires in this Colony to remind the map showing the position and size taken. the public, whose servants it is, and authorities of their duty to protect of the hydrants-two rather obrious

a structural point of view.

They were bound to follow their "Oo custor' is no excuse, par- the special departments concerned the public.

precautions. He detailed the system ticularly in view of the fact that the talate the design and the arrangements, staircases and exits: to pro Mr. Bowley went on to recap: regard to dimensions, and arrange various employers' instructions with with the safety of the public in The questions of overcrowding and of telephones and the posting of Supt. of the Fire Brigade has to see menta of each shed, with the Hongkong:-

precautions against fire, which are turn cocks in the different districts, every day that similar precautions dence relating to the first outbreak |sible and large entrances for the

vide as much opening in front as pos (1) The Public Works Depart

but he could not assure us that are taken in Theatres, and other of fire. He continued those arrangements had been com- places of public entertainment,

Now all these sheds 1, 2 and 3 municated to the Fire Brigade. It permanent and temporary, Euro

crowds at the back.. Building and Water Authori

appears that they were not, as the pean and Chinese.

were open to the public in unlimit or assistance from the Public Works They received no guidance, advice Water Authority's office was "not

ed numbers: Cash rung up, and the district turcock, with a couple of firemen at the mutuels

The posting of a despatch box drawn in most of them, and pari- sional man, but bad to work entirely sweeps were Department, or from any profes- instead of closing the valves to the Golf Club would not have seriously naturally more from point to point experience.

run. The crowd would by rule of thumb, and the light of East and increasing the pressure weakened the Brigade," and a near the fire, seems to have been a temporary connection might have

I submit that there is not been made with the hydrant by the

the same disaster. He also insited you to criticise any Government de partments concerned, and to. advise the Government as to measures to ( be adopted in the future. The scope of this enquiry is, therefore, much wider than an ordinary.inquest, and as py clients, the matshed "ton- tractors, are not only involved in the disaster, bat are interested in establishing the fact that with proper precautions matsheds can be rendered reasonably safe, I propose in my remarks to you to allow myself more latitude than if I were merely defending them from a possible criminal charge.

+

But the scope of this enquiry has certain limite berond which neither the Government nor the Attorney- General can authorise you to go.. You are not authorised to enquire into the civil liabilities of the parties implicated, whether sch liabilities arise out of their con tractual relationships, or from any tortious act or neglect on their part; therefore, I do not propose to discuss the question of the civil liability of any person or depari- ment; those questions may here

after be discussed in another place and it would not be proper for this tribunal to express any opinion upon them.

Sessions,

be divided into three groups:

(

(a) the Government and

officers.

its

(b) the Lessees and their

sistants.

Inent,

cies.

which includes the

(2) The Police Department, which

includes the Fire Brigade.

the Fire Brigade.

the same thing had been going on

many things have happened in those 40 years, and within the last

of vital importance to my clients, are as old as Noah's Ark-the first building of which we have a record -and these questions have been considered by the authorities here quite recently in framing regulation for theatres and places of public entertainment.

The

question of exits

und

It is obviously the duty of the vide as far as possible for the safety gangways has been similarly recon- Public Works Department to pro and convenience of the public and sidered and should be quite fres!

endeavour

mere spectator.

Now there was no reason

as their attention was attracted by

#

shadow of evidence to show that they in any way failed in their

Now, gentlemen, I submit that it Monument, under the road, so as complicated strains of a very lively duties.

of the public; whilst it is the duty for the preservation of the property in the minds of the authorities. of the Police and Fire Brigade to performance by the lessces of the a race crowd, and for the protection "p, by partially closing the valves is obviously the duty of the Police not to block the traffic. Sufficient No security was taken for the dueto take steps for the regulation of for one hose might have been kept and property of the public from the were not even

to protect the persons conditions of the letting; the lessees of persons and property in or near 28 described by the Water

required to sign a public Racecourse. It is well- in their names, or to give their in-known that horseracing attracts all

dividual

malicious or careless acts of dividuals.

names;

11

The matsheds and their environ

Authority.

a

the Races and the gambling altern- ately, subjecting the sheds to the

mitted overcrowding and thereby many observers from different stand load.

If you thought that any lesste per- We have had this described by I now come to the Collapse itself, caused a collapse you might con- points. Most of them could only sider that to amount to negligence. obtain sidelong views of the disss- Similarly if you think that any ter, and in looking along a row

to locate any point accurately.

to aon.

view of the collapse and has given the clearest account of it is Mr.

central view of row and obtained a more or less Hodgson, who was in front of the

The person who had the best

He went on: several corroborated -r. Hodgson. of other witness

Mr. Bowley re leg the stories

ng out that

The original cause of Panic may once started it spreads like wild be of the most triffing nature, but fire and cannot be stopped

The Members of the Fire Brigade, the auctioneer sorts and conditions of men, from who undertake a very arduous and lessee by careless use of cooking ap. from any position it is most difficult public were entitled, I submit, not tell us who the lessces actually from the peer to the pick pocket, prompt in coming into action, which undoubtedly cansed many My clients as members of the accepted syndicate names, and could the King to the card-sharper, and perilous duty, were commendably paratus started any of the fires look to these two "departments" for were. He thought his compradore and when (as this case) there is especially the officer who fetched deaths, you might bring in a verdict reasonable advice and guidance in knew. Incidentally, this casual the added attraction of unlimited despatch box in a motor car from of manslaughter against that per the design and construction of the method of letting made it impossible gambling, and the admitted fact No. 1 Station, but they seem. It is your duty to find the cause matsheds, and for protection of in many cases to enforce the penalty that there are many bad characters have been lacking either in informs of death, and if you were satisfed their property from improper use, provided by clause 6 of Schedule H, in the Colony, the duty of the Police tion or direction in the use of their clients could not be held responsible But I venture to submit that my that there had been criminal malicious injury, or damage by fire. as you cannot convict a syndicate is intensified. negligence on the part of any person Now in what way did these two as such.

appliances

for any overcrowding,, or for any or persons, and that such criminal departments discharge their duties? It was a condition of the letting my clients were entitled to a rea-Monument was served by a 3-inch and had no control over the use to As soon as the races commenced have done, that the hydrant by the sheds to the lessees on completion, If they had known, as they should misuse of fire: they handed over the negligence was the immediate cause

Take first the Public Works De-that if the Police objected to any of death,

you could bring in apartment. I shall show you that lessee his right might be cancelled, which the Police were bound to give disconnected the branch and con verdict of manslaughter upon which the Public Works Department had bot, as the names of the lessees were

sonable share of that protection pipe only, they would hardly have which the sheds were put that person or persons would be absolute control over the whole of never communicated to the Police, committed for trial at the Criminal the details of the letting of the this condition was as futile as that polics left the matsheds severely ply. If they had realised, 34 the tention the electric light,

to property at the Racecourse.

Before dealing with the position their evidence goes to show panic, These witnesser are typical, and Now it is clear that the Regula, ected the motor pump to that sup of the Contractors I should like to collapse and sites and the arrangement," con against gambling.

fire Such a verdict is a very serious struction, and use of these matsheds.

all happen- ing, if not at the same moment, kt matter and should only be returned

The Superatendent of the Fire any rate within an extraordinarily The Director of Public Works has unsatisfactory way, and enriched of the duty of himself and his ren;

Having let the sites in this most alone Chief Inspector Kerr seemed might have done, that the fresh

to consider them outside the scope water supply in the neighbourhood Brigade is responsible for the safety short interval of time. if you are satisfied upon positive threefold authority, and consequent the Treasury to the extent of some

was quite inadequate for the Motor of the lighting of theatres &c, and legal evidence of the criminal ly three-fold responsibility in this $14,000--the Government always he stated that none of them went pump they would have called for there seems no

It seems impossible to determine negligence. Owing to the enlarge-matter.

As it should not have been consulted with lapse and the collapse caused the reason why he whether the panic caused the col ment of the scope of the enquiry,.a"

First, as Custodian of Crown business-the next duty of the iron railings comecting the two until o'clock, one hour after the

takes good care of that part of the inside the enclosure formed by the the Water Float at once.

matsheds, the Golf Club, and the

was the Float did not arrive until reference to the lighting of these fire, or whether the fire caused the great macy statements have been Land in general, and of the Weng Public Works Department was

after 3.45 and was made which would not be admis neichung Recreation Ground in inspect the masheds during and trafic in the public roads, and no

not in action sheds, to He was engaged in regulating the aible in a Court of Law, however particular.

Whilst you will no

panic and the panic caused collapse, outbreak.

doubt have or whether the collapse caused both after construction. This useful they may be to you in

every confidence in the work put in pacic and fire, duty Secondly, as Building Authority devolved upon the Building Author doubt, he was fully occupied

Here I should like to remark that by the Hongkong Electric Company pronouncing that criticism which

Thirdly, as Water Authority. lity, whose staff

there seems to be no adequate as detailed by Mr. Graham, you you have been invited to pronounce.

was specially First: The matsheds were buil: strengthened in 1908 in view of the ment were left to the Detective reason why the Water Float should may, I think, view with apprehen- la arriving at a verdict, therefore. on land which is the property of collapses which had occurred before Force and the District Watchmen,

not be in direct telephonic com sion the fact that some of the lights you should discard all theoretical the Crown, but has for many years that date, and in order to obviate as and hearsay evidence, and consider been dedicated to the public, for far as possible such occurrences in his men were posted, and it appears this case the Float should not have the lessees and had nothing to do was in such a mental condition that

Inspector. Watt has told us how munication with the Fire Station were installed by Chinese without

nor why under the circumstances of supervision. This was the work of that on the 28th February the crowd I think there are many indications only those facts which have been recreation.. The Director of Public future.

that there were only two Chinese properly proved before you, but you Works is entrusted with the pre- mey add to your verdict in a ride servation of this ground, and

Now I have no complaint to make detectives on duty for the range of been lying with steam up at Obser with my clients. Do against the Inspector. We are told matsheds,as those privately eng ation Wharf, whence she could It was the daty of the contractors occu

a panic was extremely likely to any expression of opinion with rebuilding of any sort can be erecter that he is a man of practical ex-aged in Mr. Blake's shed can hard have very quickly steamed to any to construct reasonably safe sheds ference to any matter connected there without his consent. with the disaster provided you do under no obligation to grant. his no data (except his experience) to go clothes in a crowd of this sort could

Hiperience, and we know that he had ly be reckoned. Two men in plain point in the Harbour.

Shortly before that date the public according to their skill and experi-nerves had received severe shocks: If all or any of these precautions ence, but in the words of Halsbury first the Gresson: Street Affray not encroach upon the province of consent at all, and if he gives his upon; he had no instructions as to not possibly see all that was going had been taken it is quite possible it is sufficient it reasonable pre-ich might cause any one to ex the Civil Law Courts.

consent he can attach any condi-nambers to be accommodated, posion, even with the help of two that, even if the fire were not quer caution and what is usual and or-pect robbery and violence at any A very clear summary of the Lastions or restrictions which he may tion or size of exits, or fire pre- District Watchmen

ched in its initial stages, the work dinary in such cases, of Criminal Negligence is to be consider advisable.

be taken. moment: Secondly the earthquake cautions. But the fact that he in-. It is noticeable that no members of rescue might have been found in Halsbury's Laws of Eri Secondly: "Yo matsbed of any spected and passed the buildings of the Police Reserve were called facilitated by the use of one or more users of the sheds against extra amongst the people generally.

much They were not bound to insure the which caused great excitement land" under the title Criminal Law, sort can be erected in the Colony without a single objection or com-upon for duty at any part of the strong jets of water, and the person ordinary risks, such as fire, penic, Pp. 1182. It is as follows:- without the consent of the Building ment must have considerable Race Course: if such a call had concerning whose death you are en-overcrowding or negligent or mali- followed by a number of lighter The main earthquake, shock was "A person upon whom the law Authority under Sec. 209 of the effect on my clients' position, as it been made, no doubt they would quiring might, for all we know, have cious injury to the structures. imposes any duty, or who has taken Public Health and Buildings Orlalled them to a sense of security. have responded to it with their been saved, with many others.

shocks on successive days, until upon himself any duty, tending to dinance. Here I should like

Mr. Bowley dwelt on the subpeople began to imagine earthquakes to the Government Inspector was usual alacrity and efficiency.

I gathered that Mr. Messer and stantial nature of the Szo Hop firm at the slightest movement or adise, the preservation of life, and who digress for a moment and point satisfied, why should not they be so Next I come to the question of Mr. Wright both thought that it and the experience of its works and there is evidence that the Chi- grossly ceglects to perform that out that although, strictly speaking, also

precautions against fire, and this was their duty only to enforce 15- The firm has & well esmed renese expected a third disaster. duty or performs it with grossa matabed is a "building" within It would no doubt have been a appears to me the most serious gulations and not to initiate them, putation which its members are not negligence and thereby causes the the Ordinance, it is quite clear that wise precaution if farther inspec question of all.

that they could not be expected to likely to imperil by sominped work accounted for the extraordinary This nervous condition may have death of another person, is guilty it was never intended that the pro- tions had been made on Monday The Superintendent of the Fire be wise before the event, but I sub- or faulty material. With regard to story of the boy who heard people of manslaughter. Wast amount of visions as to the deposit of plans, and Tuesday mornings, as the Brigade frankly admits that armit, Gentlemen, that every public thelatter you have heard that ther in the streets calling out a warning negligence is to be regarded as gross etc., should apply to matshedis. lessees may have made alterations; precautions of any kind whatever officer entrusted with the care of spent $18,000 on new material last against going to the matsheds and is a question of degree for the jury. The latter have a little code of their they certainly introduced "furniture were taken...

the safety of the Public should al- gear, some 50% above their ex for the pre-entrant which led Mr. depending on the circumstances of own consisting of Sec. 200 and the and other weighty objects such as As an excuse for the absence of ways be on the lookout for possible penditure of previous year. Mr. Ho Wet Long to warn his family- each particular case. The law does regulations in Schedule H. The cash sweep cylinders, and they in precautions he puts forward the risks, and should suggest to the Wright and Mr. Sara and all other and acquaintances to avoid 3.toned not require the utmost caution that Building Authority has power to stalled fires and made arrangements pleas of (1) Ole Custom (2) that "Powers that Be" any new regula witnesses who saw the sheds ez matsheds can be used; it is suficient if res relax some of these conditions. for cooking. Also, the crowd on nobody asked for them and (3) that tions which he considers desirable, press themselves as perfectly satin- sonable precaution, and what

Then the outbreak of a new Thirdly: As Water Authority the Monday might easily have either any precautions that could have and should take steps to ensure that fed with the material and general ease the mysterious spotted fever, usual and ordinary in such cases, Director of Public Works has con- carelessly or maliciously injured the been taken would have been practic his suggestions receive full-consider appearance of the shed be taken s

f the Wa aaother factor pro trol of the water-supply, including structures. Seeing that the Governally useless, as he mays that it isation instead of being consigned to Race Course which did not colapse, sousDEER, 2 **To render such a person guilty of the fire service.He must have meat received $14,000 for the letting impossible to stop a matshed fire convenient pigeon hole

and you havs. avery day an manslaughter the negligence must known that the water supply at the of the sites, and that it was known In the latter theory he is sup 1 Have already pointed out that tanity of seeing the

this Deryous have been the direct and immediate Happy Valley in its normal con- that the public to an unknown ported by a number of members of the Director of Public Works and nature of my clients wo cause of the death, and there must dition was shaolutely inadequate to number were using the sheds, it the Fire Brigade, both regulars and Capt. Supt. of Police had fall power Old Mercantile Bank building in firat the

have have been personal misconduct extinguish any fire, and he might seems hardly too much to sak for volunteers.

in this particular matter to make. Ice House Street. personal negligence on the part of have taken steps either to increase a daily inspection by the Surveyor Now if it was really the belief of any regulations or conditions which It has been suggested that the exp the accused; he is not responsible, that supply or, at least, to have in whose district the sheds were. the Fire Brigade that a matshed they might (after conferring togeth material was weakened by the month, and ex Criminally, if the death was directly warned the Fire Brigade of fis Before losing the Building fire could not be stopped, it seems er) deem necessary without waiting drought, but there is no evidence on

Dlx

have testified to

and many thought at

by

Bilva