1927-07-09 — Page 10

lead the way on a B. S. A.

A mount

you, will

be "proud

to..

own

THE HONGKONG TELEGRAPH. MOTORING SUPPLEMENT.

B.S.A. reliability has been proved beyond all question by outstanding success gained in open competition. 1927 B.S.A. Mutor Bicycles are the greatest motor cycle value in the world,' embodying every modern feature and every part maintains that high standard of quality for which B.S.A. is world-famous

Let us demonstrate the features to you,

17

THE SINCERE Co., Ltd.

Sole Agents.

THE

MOTOR UNION

INSURANCE CO LTD

Incorporated in England

(Under the auspices of the Automobile Association)

SPECIALISES IN MOTOR INSURANCE

LOCAL AGENTS,

THE UNION TRADING Co., Ltd.

Prince's Building.

PhonoC. 587.

CHINA UNDERWRITER, LTD.

FOR"

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OF

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WRITE FOR PROSPECTUS

HEAD OFFICE:-

ST. GEORGE'S BUILDING," HONGKONG.

MEN!

TELEPHONE: C. 1121-2

a shirt

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So when you buy a Motorcycle why don't you go to Ü firm who

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and are able to give you the spares needed.

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Our line is the best in Hong Kong. Quarter Down, Balance To Suit Buyer.

A. J. S.

11

INDIAN

TRIUMPH

DOUGLAS

BRANCIS BARNET

Motor Cycle Acessorices. in Stock.

Alex. Ross & Co. (China), Ltd..

Prince's 'Building.

2 floor,Ice House St. Entrance

MANSLAUGHTER!

How a Solicitor Defines

It

[By Charles Greenwood, by arrangement with The Morris Motor.]

The increase in the number of convictions recorded against motor ists charged with manslaughter on sures that a critical examination of the constituents of this most serious offence will be of more than passing Interest to all road users.

14

PENDINE SANDS.

(The famous Pondine Sands pori- | odically come into prominence on account of speed trials held over them.)

Bounded on the one side by a' į rocky arm of limestone and on the other By the gaping/mouth of the river Taf, the sands of Pendine form a six-mile feeding ground for seagulls. Here they have clamour- ed and fought for centuries, secure from interruption and scarcely ever seeing a man apart from a fisherman, who, as every boing, easy to evade and quite seagull knows, la a slow-moving innocuous.

the

The increase in recent years in the number of convictions for what one may perhaps be allowed to term "motor manslaughter" is a strik has been invaded poriodically by But of recent years this privacy ing example of the development of the jury mind. This conclusion A far different species of is inevitably borne upon one by the genus homo, and one who is not fact that this increase in the numby any means slow moving. The ber of convictions for this grave, seagulls circling overhead as the charge is out of all proportion to tide, recedes see the brown-faced the increase in the number of vehi- men. In the leather coats, and cles on the road, even when allow. know that for a brief spell the ance is made for the comparative feeding grounds will have to be Inexperience of many present-day relinquished to serve another pur- drivers. It therefore behöves all pose. motorists to consider with some care as to what their position may ho in the unfortunate event of their being involved in a tragic accident. In short, what is manslaughter?

If the death of any person be 1. By culpable negligence arising In the performance of a legal duty owed to him, or the omis- ajon, to perform such duly under eircumstances which

caused:

"י

2. During the performance of some illegal act by another person, then the person guilty of the neglect, or who has per- formed the illegal act, is guilty of, manslaughter.

A Time Limit.

8

car,

A

SATURDAY, JULY 9. 1927.

ESSEX COACH

The low prices which have made Hudson and Essex famous have largely been achieved through the almople process of using inventory materials quicker, and getting a greater output from plant machinery than is commonly done in industry. Mechanical conveyance of materials has been developed to an unusual degree. So quickly are materials consumed in the pausually efficient manufacturing processes of the Hudson Motor Car Company, that the public actually goes riding in Hudson and Essex cars before the commitments for mpst of the raw materials are due for payment.

ESSEX SUPER SIX MOTOR CARS,

Touring Conch

5-seater

G$1,150

6-seater

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Sedan

6-seater

G$1,250

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be

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-5-seater

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B-seater

G$2,270.

7-sontor

G$2,375

smoke, and a swaying in the spec tators like the passage of wind through corn. The gleaming car on the planks has leapt forward, and is already half-way up to the beginning of the measured mile, Swifter and yet more swiftly t flies until the surface water riscs. like a cloud of steam behind it. By the time it has reached the posis murking the commencement of the measured mile it is flying like a bird, and it covers the mile like a kingfisher crosses a pond.

Each day, as the sands uncover, the seagulls see, first one then another and another glide down the slip-way and chug along the water-logged surface. In spite of the rains, the mists, the throw out flags and sleet and snow their occupants mallets and shovels, and between posts and the tides work like trojans to place all the flags and posts in a straight amount to such culpable ex-sible-to a seagull. Then there line six miles long. Incomprehen- ligence, or

comes one memorable day when, with the sun shining brightly after

* snowstorm, driving away grateful but purposeful looking car is nursed on to the sands and placed on some planks at one end of the line of flags. The amaller cars withdraw to the edge of the It is necessary, however, that the sand dunes, and for a moment or death should occur within a year two all movement is stilled, and and a day of the accident in ques- Nature herself appears to tion, otherwise the law raises an tensely awaiting man to achieve irrefutable presumption that the yet one more seemingly impossible death was due to some other cause.feat. A sudden roar and a puff of

In the application of head (1) to the motorist, we are faced with the diffenity that there exists no legal definition of culpable negligence, r gross negligence, as it is sometimes called, but it is plain that all motor ista owe a legal duty to other vsora of the highway to drive their with reasonable care. If this rea- sonable care is lacking, and a death ensucg as a consequence, can we say that the motorist is ipe facto guilty of manslaughter? Such a contention is difficult to supoo t, but the motorist is certainly ipso įva put upon his proof to show that his negligence is not of so gross a nature as to justify a conviction for manslaughter. Judicial dicta on the degree of negligence include: "What the prisoner must be found guilty of is gross negligence or recklessly negligent conduct. How- ever, the degree of care to be ex- pected must have some relation to the subject and its consequences... there must be a certain moral qual ity carried into the act for which the prisoner is responsible....For new law to this effect has just bec mere mistake of judgment he can- not be found guilty." "Ordinary negligence does not make a man liable for manslaughter....it re- quires a high degree of negligence to make the offence manslaughter." Qualified Negligerice. Negligence that would be suffici ent to support a claim for dam- ages in the civil courts may, nevertheless, be insufficient to sup- port à prosecution for manslaughter in the criminal courts. There is no definite line between the two de-. grees of negligence, and it must be left to the jury to say whether, in their opinion, it is "ordinary" or "gross and colpable."

...

leather-clad men cheer, then de- The car comes to rest, the

part, and the seagulls return won- dering what it is all about.

NOW OIL IS TAXEDI

have an additional tax to contend Motorists in North Carolina

the rate of four cents a gallon.. A with a tax on lubricating oil at

passed,

a

is made in respect of a loss rising out of the commission of a criminal offence.

41

3. The offence can be proved although no one actually witnessed its commission. Evidence us to high speed whilst a car was approach- ing and had passed, a spot on which a person was killed, indentations on the front of the car and the sound of the brakes hein amplied,

s

been held sufficient to enable a jury to inter a state of things entitling them to re- furn verdict of mans- laughter against the driver

As an example of manslaughter falling under head (2) we may take the following: By virtue of The

of the car. Motor Cars (Use and Construction)

There is no recorded case of a Order, 1904, Act 11, 6, it is illegal motorist us such being "charged to drive a car that is in a condi- with and convicted of murder, but tion that might cause danger to any it would not be safe to prophesy person in the car on the highway that the next ten or twenty years If therefore, a motorial knowing will not see the driver of a car his car is in a dangerous condition standing in the dock on a capital still persists in driving it, and charge. It is possible to imagine eventually is responsible for the circumstances that would enable a death of some person by reasonjury in 1940 to convict on such of the car being in its dangerous count-and that without any atate, then he will be guilty of alteration of the existing law on manslaughter. Three further the subject. This, of course, has points of importance to the no relation to a case in which a motorist arise in connexion with motorcar is deliberately used as manslaughter.. They are:

an engine to destroy human life-

1. The Ret of the person that is murder beyond doubt-but accused must be the proxi-is based on a hypothetical (but not mate and effective cause of impossible) instance in which a the death of the person kill-motorist is guilty of such conduct ed, but the contributory that he must be assumed to have negligence of the deceased realised that the inevitable conse- ið no defence unless itquences of his actions would be negatives entirely the the causing of death or grievous responsibility of the accused. bodily harm to some human being. As a consequence of this, if This would imply that "mallce two cars are racing on the afore-thought" which is an essen- highway, and one driver is tfal ingredient of murder and killed, then the other will be would justify a conviction on that guilty of manslaughter.

charge even at the present day.

2. The indemnity against third || "

party claims comprised in insurance policies under the

The Attitude of Juries.

heading of "accidentals in- hesitated to convict for man- Yesterday a jury would have jury extends to cases in laughter in such a case. To-day which the person insured has been found guilty of the that jury convicts on the minor manslaughter of the person tion. To-morrow we may find it charge without qualm or hesita- In respect of whom the claim convicting-albelt with some little is made. In other words, demur-on the major and gravest such a policy protects its of all charges. It is not..a holder even whore the claim {

pleasant thought.

Broughamm

De Luxe Sedan

De Luxe Sedan

The above prices are for delivery at your door in Hong-- kong or Kowloon. All prices subject to change without notice.

THE DRAGON MOTOR CAR CO., LTD. Telephone Central 1246 or 1247. 33, WONG NEI CHUNG ROAD, HAPPY VALLEY.

"Why on earth don't you use

SOCONY MOTOR OIL

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