1928-01-05 — Page 10

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THE HONGKONG TELEGRAPH,

COLLISION ENQUIRY.

MASTER'S CERTIFICATE

SUSPENDED.

THURSDAY, JANUARY 5, 1928.

SHOOTING AFFRAY.

the Kwong, Fook CHINESE CHARGED ON

FOUR HARGE...

the same time a.master. of the Chinese language, he preferred to talk with the Pilot" is the way witness put it;

Reverting to

"Cheong's story, cortain of the ques- tions put by Mr: Brutton "were ills. allowed by the President, who des

COUNTS.

Before Mr. R. E. Lindsell yes-

SUBMISSIONS IN KOWLOON CASE, DA

The case in which:six Chinese

Finding that the collision be÷ribed then na "being tantamount to terday afternoon another Chinese, are being charged before Mr. W. tween the On Lee and the Kwong asking the witness if ho is a liar of named Chu Chi-chuen was charg-Schofield at the Kowloon Magistracy Describing incidents leading up to ed in connexion with the armed with having in their possession a the collision, Mr. Rauscheld said that robbery at the Mel Sun Restaur-quantity of seditious pamphlets. there was plenty of water to port of ant of Queen's Road West and the was continued yesterday after the Kwong Fook Cheong but not subsequent shooting affray be-noon, Mr. Hin Shing Lo (instrust- much sea room to starboard. It was tween the robbers and the police ed by Mr. A. el Arculli) appearing necessary for the On Lee to cross the Fon December 8.

for the third defendant. neces Kwong Fook Choeng's bows to roach The defendant was charged

On the close of the case for the the wharf at:

at: Pakhai,

but in this with (1) armed robbery (2) shout-prosecution, Mr. Lo submitted that particular case,

Lee was a good mile

Fook. Cheong on the West River on December 24 was caused by bnd seamanship on the part of the Chief Officer of the On Lee, the Marine Court yesterday ordered the suspension of the master's certificate of that officer for one year.

adjournment Mr. Bousfield, repre-

into the box. Witness stated' thut he was at present master of 8.8.On Ler, but on December 24 he was Chief Officer of that vessel and had

Lablished by further questioning were

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On the resumption, after the tilin until the Oneed was net reducing with intent to murder (3) the statements made by the de- contain only the choicest ingre sented by Mr. F. G. Vaux went ahead. The relativo times cs-shooting with intent to, resist fendants could not be included as dients, are prepared under ideal·

arrest and (4) possession of arms, they were made under coercion On. Lec passed Kwong Fook The afternoon was occupied by and assault and also that the pas-conditions, and represent the Cheong: 6.10. On Los reuchd speed; witnesses-from-the restaurant Sages contained in the pamphlets summit of the Confectioners Art 6.17 am, the collision.

The President

After commenting then questioned who described the armed robbery. Were not of a seditious nature.

at great charge of the bridge at the time of witness relative to evidence already Nething in relation, to the battle length on the law regarding the in-. The collision

given. He had atated that the Kwong with the police was revealed. He was on watch from midnight Fook Cheong was practically in the The proprietor of the Mei Sunadmission of statements made in- voluntarily, Mr. Lo addressed the until 6 ant. or until the ship arrived centre of the channel and yet there Cafe was the first witness called Bench on his second submission, He said that at 1.30 a.m. on the quoting several authorities to was more water to port than to star alsa on duty. Leaving Wangmun, the hoard. Also that, with a difference night of December 7, two men en- at Kongmoon. The No. 2 Pilot was

support his contention. Kving Fook Cheong was sighted of speed of two knots; it would havetered his restaurant. There were

He first singled out two pas ahend, maintaining this position un taken the On Lee 30 minutes to get

no other customers at the time as sages, one calling on readers of til some three

miles below Kongmoon, a mile ahead. Further, at the speed She mns on the starboard bow and of knots from the point of passing it was usual for the restaurant to the pamphlets to overthrow the the Kwong Fook Cheong, the On Lee close before 2 p.m. The two men reactions of the Kuomintang" and about two miles distant at 5.45 a.m. At this time, the On Lee was pro- should have been nearly three miles ordered a beefsteak each and, wit- to oppose the Hongkong Govern-

while reeding at about 11 knots. the beyond Kongmoon, by the time she

ment for arresting our Chinese Kwong Fook Cheong was making had got half mile ahead. Witness

workmen." Regarding the first about 7 knots, Tho vessels ware repeated approximate distances und

sentence Mr. Lo submitted that nbeam at ទ a.m., the On Lea" at fulltimes.

agitation against a foreign govern speed over-taking the Kwong Fook

ment was not punishable by the Cheong and passing a ship's

local authorities. away: After

clearing the Kwong Fook Cheong and a half mile ahead, the speed of the On Lee was reduced to four knots to adjust time of arri- val at

the port of Pakhai not being

ble until

dawn or approximately 6.30 6.m.

At about 6.20 a.m., witness felt a slight shock as of a vessel touching the starboard quarter and observed the Kwong Fook Cheong close informed. By investigation, he discovered that a number of plates all above the water line had been damaged, obviously by a collision with the Kwong

FES HOT!

Fook

Not on the Bridge." The No. 2 Pilot of the Oa Lee called, said that the Chief Officer was never on the bridge during the trip from Wangmon to Kongmoon and that at the time of the collision, he was in his cabin

Cross-examined by. Mr. d'Almada, the same witness said that the master came to the bridge immediately after the impact, but he. (witness) did not know whether the Chief Officer was

In reply to Mr. Hall Bratton, wit ness said that he thought the On Lee passed the Kwong Fook Cheong at

ness added, one cup of wine for the two. Later another two pèr- sons entered, and they ordered chicken and rice, but, strangely, this pair also ordered a cup of wine between them.

The two parties sat at different! tables and the two men, who were the last to enter finished their meal first and proceeded to the counter to pay their bill.

While the four men were hava ing their meal, a foki of the shop had been busy putting up the shutters and closing the street door.

As one of the two men, who had risen, was about to pay the was man behind the counter, the other

about seven knots. The On Lee was

to ment of nearly three knots on the

After referring to different nu-

thorities Mr. Schofield intimated that he was satisfied with the ir guments on this point,

Continuing Mr. Lo pointed out the ambiguity of the passage,"op pose the Hongkong Government for arresting our Chinese Work- ca." He argued that the sug gested opposition might be law- ful and orderly, taking the form of a petition to the local adminis- tration against the arrest of work- men.

another sentence

Cheaply to a question by the Court, at full speed, but owing to shai-opered the street door and look. His Worship then drew Mr. Lo's} witness said that it was impossible to low water, there was a loss of move ed furtively about him, returning attention to ses aft from the bridge, owing to deep water speed of 10 knots. Engine to the shop eventually structural interferences. Subsequent to the collision, witness called the mater, who came to the bridge and looked over the port side, but the returned to his cabin without making any-reniarks.

કેમ

not

speed was at no time reduced, he added,

in the namphlets demanding

freedom of meetings, associa-} tions, strikes, speeches, etc."

The next moment, both men whipped out their revolvers and threatened witness as well as the Mr. Lo replied that these pam- other fokis. The two other eus phlets were not printed specifically tomers, at about this moment, pro-for Hongkong. He supposed that duced firearms, and together the they were circulated elsewhere as four robbers, bound and gagged well and did not apply to people the fokis of the restaurant and in Hongkong, pushed them into a cubicle at the back of the premises.

After Mr. Lo had made his sub- missions, his Worship adjourned the case for consideration of the points ratrod.

on three of the four men whom the

Mr. A. Fernandez. master of the On Lee at the time of the collision, was called and answered only ques tions put by the Court, from which Lies in the Log.

it was ascertained that the Chief, The official lng was producer and Officer, Mr. Bousfield was on watch from the time of leaving Wangmoon witness affirmed that it was

from written up until December 28, four Pakhai Wharf. Witness was lying days after the collision. He admitted down in his cabin when he felt

Proceeding

The keys of the safe was ob- signing it after it had been written shock at shout 6.15 am..

the bridge. he enquired af

of the Pilot by the ranster hat had not read fit what had happened and was intern: tained from the withess and al- butore allxing his name as, owing

that that there had been a colli

a collision together a sum of money amount- in the fact that a call for the record between the On Lee and Kwong Fooking to $185 was stolen.

come from the Harbour Office, Cheong. The Chief Oficer was not Two waiters from the restaur-police got hold of, after the rob had the matter was thought to be urgent and it was being despatched with all the ridge, the Pilot stating that ant corroborated this evidence and bery, nothing was found. Defen-

he thought he was in his cabin.

one of them identified the prison-dant had $12 odd in his posses, speed.

Relative to writing up logy

er as being one of the first two sion. Mr. Whyte Smith said. It Witress emphatically declared that

wilmes stated that the were

string- the entry in the official log was not made on December 24 at Kangmoon. of the robbers who entered the was possible the fourth man got trus. "The evidence I have given

away with all the money, or that true" he added. The Chief Officer, read the entries, cafe that night. now in this Court

but did not sign, saying there Was The case will be continued on there was a fifth man in the rob-} Mr. d'Almada cross-examined plenty of time for that." Reminded Friday afternoon at 2.15 p.m.

bery, who took no active part but Bousfield who tated in answer to

on of the matt

matter on December 25 and

Mr. Whyte Smith indicated that]went away later with the loot. questions, that the master was not on the bridge at the time of the colli-again in December 27. he replied in "A requent for an sion, but atter. The master had been called also, disregarded and eventually the

individual report of the affair came along immediately the same was by witness at 8 am, but he had not log was signed by Mr. Bousefield on turned 121» to take over the watch.

December 28. Nothing was said by witness to the masterius he thought it unnecessary, the damage and collision being of no great import. The first mention as between witness and the master was to

Was

Witnesses Sent For. Asked by the President as to the of witnesses production

and 14. the

Chief of the presence

the bridge at

at 9 a.m. when the vessel was berthed Officer

on

the

at Kongmoon and an examination of time of the collision, Mr. Vaux the damaged portion was made. There expressed regret on the grounds of was never at any time on that daynon preparation, he having only been any communication on the subject of instructed as 12.50 p.m. and it had damage and the events leading up to been impossible to get hold of either the collision ns between the witness the Chief Officer's "boy" or the No. Pilot. It would however be possible and master. Mr. Bousfield alleged that as a general rule, the master to get hold of the quartermaster, if the Court would concede an adjourn- only held converse on nautical subjces with the pilot.

ment of 10 minutes. Mr. Bousfield then related the The Court accordingly adjourned. incidents of the call for the cfficial to the On Lee for the members of the

while A Police officer

was despatched log by the Harbour Office on Decera. her 28 The master, he said, had crew naked for by Mr. Bousfield, asked him to make an entry relative witnesses and others interested not. to the collision, but he had refused, being allowed to, leave the Court dur- requesting at the same time, a copying the interval,"

of what was written for his personal log.

28

3

On the resumption, Pang Yau, the quartermaster, was produced "The entry was duly made in the widence on oath, he stated that he

witness

ess for Mr. Bousfield but in log, in the presence of witness and signed by him. No opportunity was did not see the Chief Officer or the given him or at least none was taken, bridge at the time of the collision. of reading the entry prior to signing He would have seen hint had he been as the need of getting the log to the there, as his view from the wheel Harbour Office appeared to be urgent, house was unobstructed.

ing

It was not until

infil witness had taken

Lok Chuen, the No. 1 Pilot said he over command that he AAV

aw the word. was on the bridge some five minutes of the log entry. He was of the before the collision and a short time same opinion now as then, that the after. He saw Mr. Bousfield on his entry was a tissue of lies. He spoke first visit, but later there were pre- to his powers and also to the Chief sent only the quartermaster and the Engineer on the, master and he had No. 2 Pilot. He was unable to say also called at the Harbour Ofee to if the Chief Officer was on the bridge see. the Harbour Muster, but was un- at the time of the coll

collision.

able to see that official.

Never Told the Truth. Certain questions relative to holi- days and times of entry at the Harbour Ofice were put to witness eliciting confusing replies as the dates men- tioned were holidays when the office

Lo Kit Sang, pantry boy, stated that he knew nothing of the collision, but had taken ten to the Chief Officer's cabhi at approximately 6.30 am. Mr. Bouafield was not then in his cabin; but was on duty on the bridge. "

The Finding.

The Court adjourned to consider was closed. Mr. d'Almada cross the finding at 6.10 p.m. this being exaraining witness, asked if he had any reason to doubt the master's read shortly before 6p.m, as follows: We find that about 6 a.m. on the veracity. This brought forth the most astonishing response. "I have 24th December, 1927, the 8.8. On Lee Voyage from Wangmoon never known him to tell the truth when an

overtook

the 8.8. to Kwangmun said Mr. Bousefield, "He is, just an Kwong Fook Cheong, abominable Har

On Lee forging ahead Mr. d'Almada: Is there any the

Fook grievance between the late master Cheong, the latter's bows were sucked

port how of the Kwong and yourself?

in towards the On Lec causing her. Mr. Bousefield: Since he went Port bow to come into collision with away sick, there has been nothing the Starboard quarter of the On Lee but grievance. He seemed to think and causing sight damage. that I was after his job. I never

did want it, but the offer was made

Tho

от

We find that the. On Len was to blame in

aho passed too close

to me in preference to another man, when abeam) to the Kwong Fook.

because I was already in the shirin Mr. d'Almada:In your opinion then, he has deliberately made this estry to make you responsible for the who

Mr.

Yes.

7:

Cheongnd that Mr. David Bousfeld

was

On

Officer

•-of

of the watch of 9.5. at the time from the bridge collision, without properly relieved, for

collisionsefield:

Hall Brutton then cross-which very grave offence wo adjudge

Cross-having examined and elicited that the inte that his Certificate of Competency as master of the On Lee never approach- Extra Master be suspended for one ed witness on any subject relative to year, and that a Certificato of Com the working of the ship. "Being un potency as let Mate (Foreign Going) cble to talk decent English and at be issued to him for that period.

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