1930-09-20 — Page 3

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HONGKONG TELEGRAPH. SATURDAY, SEPTEMBER 20,“ 1930.

KOWLOON MOTOR TRAGEDY.

MANSLAUGHTER VERDICT AGAINST DRIVER,

31. Whyte Smith, sitting as a coroner with a jury composed of. Messrs. V. J. Atkins (foreman), J. J. Edgar and Yue Chi-hing, held un inquiry at the Kowloon Magis- tracy yesterday afternoon into the death of a coolie which occurred as a result of his being pinned by ä motor car against the wall of the Kowloon Godowns, on August 27,

In his opening remarka the Coroner said:-"This-is an inquiry into the death of a Chinese male, Lau Sam. (35), who is alleged to have met with his death after being crushed against a wall inside the Kowloon godowns by a motor-car, which had been brought over from Hongkong in a lighter, and I think. you will hear from the evidence that the car was sent over by Messrs. Gilman & Co. to Kowloon to be taken delivery of by the Dure Garage Co. Two men got into the jear at the godowns and one bf them, taking the driver's seat, tried to start the car. He took some time to get it started and thereafter it is alleged that he drove it into the wall and crushed the deceased. The curious fact in the case is that the driver could not be found after the accident and it is alleged that he had no driver's licence."

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Ho Hoi, a coolie, said that on August 27, he was sitting by the wall of godown No. 51 with the de- ceased and another man. He, wit- ness, saw the car being lifted by a crane on a lighter and lowered on to the wharf. The fokis in charge began to push the car off the car- rier and after they had done that one of them named Lam Hee enter ed the driver's seat together with another man. The man who got into the driver's seat started the car which dashed off and pinned the deceased against the wali. The car, before it started off, was facing the main entrance so that it swerved to the left to cause the accident. Witness and one other man jump- jed up and made off, but the de- ceased was too late, and was pinned against the wall. Witness did not see what happened to the driver and his companion. Some coolies push- led the car back and the deceased was found in a sitting position. He was bleeding from near the right eye and also from the stomach. An ambulance conveyed the deceased to the hospital On the following day, witness identi- fied the body of the deceased at their meeting of the Chinese Cham- hospital mortuary: Witness had seen the driver before in tharge of a crane on a lighter but had never seen him driving a car before.

Injuries Described.

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Dr. J. Smalley said that at 12.10 p.m. on August 27 there was brought to the hospital a Chinese male adult about 35 to 40 years of age. He had abrasions on the left cheek and a large hole in the left side of his chest through which his lung was protruding. Five ribs on the left side were fractured. He was conscious and complained if it were shown that the accident of abdominal pains. He died which occurred could not have been about 10.25 p.m, the following day. avoided, the mere, driving without A post-mortem examination re-a licence is not enough in itself to voaled that the spleen was ruptured make a person criminally respon and the abdomen was full of blood. sible for the death of another. Death was due to multiple injuries For instance, a man might not have and haemorrhage.

a licence but might be quite a goodi Lam Po, the father of Lan Hee, driver and he might be driving a who is said to have driven the car, car when somebody might rush out said that his son was not on the in front and so cause an accident! lighter at the time and on the which no driver could have avoided.; day in question. His son had dis-In such a case, I don't think that appeared that very morning and the driver could be held criminally not to be found anywhere. responsible, merely because he had His son was not a licensed driver no driver's licence.

138

nor did he know how to drive a car.

Sergeant Roberts said that he hud tested the brakes of the car

I

A Different Case.

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also gave evidence as to the identi- fication of the body of the deceased. Coroner's Address.

and had found them to be in good ter when you find that a man not

that he is not able to drive. Then I should say that the presumption is stronger against him. If there is an accident in a case like that, The Coroner addressing the jury then there is stronger presumption said: "It has been proved that that that driver was criminally this motor-car was brought across | negligent.

in a car lighter and it has also been "There is a third element in this proved, I think, that after it was taken off the lighter a man named case, and that is that the car seems to have swerved in an unaccount- Lam Hee got into the driver's seat able way; in a way that one would and also that another man had get not expect it to swerve if it were into the car, Lem Hee started to driven by a careful driver. You drive the car, which was facing will find in this case a combination the godown gate, and there seems

of three circumstances, namely,

to be no reason why he should not having no licence; not being able to have gone straight out but, in-drive a car, and actually driving in stead, he swerved in a peculiar way a careless. manner. These three to the left and pinned the deceased circumstances might make you come against the wall. You have heard to the conclusion that there was Lam Hee's father say that his son

gross negligence on the part of was not on the lighter. Of course, the driver. If this is so the verdiet Lam Hee might have got into the car without being on the lighter be- which you should return is one of manslaughter. If, on the other no negligence or

...

fore. That is one explanation and hand, there was the other is that his father is try there was only ordinary negligence, ing to shield him, which is very then you will return a verdict of natural. I think you will hold death by misadventure. that this man, Lam Hée, had no licence and that if he was the man "I think that there is another in the driver's seat he had no busi-way in which one might look at ness to be there. The question of this case. The fact that the car

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the matter. I think it is fairly well negligent driving in itself and, to finition of gross negligence is die as a result of being struck by four points in the affirmative and established that if a man has no gether with thé fuct that criminal recklessness. Of course, this car; 2. Was the car driven by returned a verdict of manslaugh- licence to drive a car and if he does the driver bad no licence, if any man should take out a car Lam Hee; 3; Was there negligence ter

The Coroner stated that the so and if an accident occurs, that leads. to aggravating circum without knowing how to drive, it on the part of Lam Heo; and 4, that man would be held criminally stances which would raise the would be, I think, gross negligence. Was such negligence gross negli police would have to arrest Lam Hee and charge him, as they responsible, merely by virtue of the negligence from ordinary negligence You have got to consider four gence.

mest The jury answered to all these thought fit, fact that he had no licence. But, to gross negligence. Another de questions:-1, Did the deceased