1933-07-18 — Page 7

JURY GIVES FINDINGS

IN BALCONY COLLAPSE.

QUESTION OF PROPER SUPERVISION

·BY ARCHITECTS· INCLUDED:

A **Mr, Armstrong's Address,

or

THE HONGKONG TELEGRAPH. TUESDAY, JULY 18, 1933.

Moore, of the P.W.D., whom he RIVAL

described as the only Independant witness in the injury. It 18 clear, law and common sense," said Mr. Lo, "and it has been a point conceded by Mr Lane him- self, that he should inspect the

rods. The point for the jury la a simplu one. Did Mr. Lane in spect the rods?"

Dealing with the contractor, Mr. Lo pointed out that one of the clauses in the specification

POSTAL

SYSTEMS

...

UNIQUE POSITION ÎN INDIA

TARIFFS WHICH

DIFFER

Bombay,

India, perhaps, is the only coun- try in the world where there aro two co-existing "rival" postal sys-

RADIO BROADCAST

SONG RECITAL FROM THE STUDIO

From Z. B. W., on wave length of 365 metres (84.6 k/c.).

4-5 p.m. Chinesa recorded pro». gramme,

5-8 p.m.

A rolay of the Band of the 1st Battn. South Wales Borderers con- ducted by Bandmaster J. Li Gecks, from the Military Hospital, Bowen Road, by kind permission of the Officer Commanding.

6-7 p.m. Chinese recorded pro- gramme.

owner of the house, Mr. Kwok Wai- which the architect had been found iron bars when the laying of con-but in the villages and towns of Vocal Trio-Green Sleeves to a

sam.

Mr. Jenkin's Address.

occurrence.

other verandah

Carl, Nathalie and Arnold Dolmetsch. DB1062. Song-The Kerry Dance (Molloy); ·

Doris Vane (Soprano). DX167. Song-Songs My Mother Sang. Violin Solo-Paradies. Violin Solo-Marta. Ex-

own

Albert Sandlor. DB986.

Song-Stars and a Crescent Moon.

and Me (Johnstone and Coates). Song A House Love Made for You DB1113. Hubert Elsdell (Tenor). Piano Solo-Rigoletto Paraphrase

(Verdi, arr. Liaxt).

Irene Scharrer. DB76. Song-The Driver of the 8.16

(Longstaffo).

Harding).

VERDICT OF "MISADVENTURE.” The Coroner's enquiry held in-by the contractor in this case, and to the death of Cheng Tai, an I put it to you also that you should amah, who was killed in the col-absolve him from any responsibility

whatever."

read, "I have soon the plans and lapse of a balcony in No. 15,1

know and understand them." Yuk Sau Street, in which

contructors schoolgirl, Jessie Honson, was Mr. Armstrong, addressing the The duty of the

7-10,30 p.m. European programme. also killed, was brought to a

7 p.m. Closing Local Stock Quota-: close yesterday afternoon, the Jury, said he associated himself sub- therefore was to build according items competing with each other

atantially with what Mr. Jenkin had

If cases from one to three times.

7.2-7.14 p.m. Band Music. jury returning a verdict of death said. "As far as the Hability of to the plan and to have a reason- and with tariffs differing in some long etc. due to misadventure.

the architect was concerned," he able amount of supervision.

While the whole of British India The Black Domino-Overture

(Auber, arr. Winterbottom), Mr. Schollold sat ne Coroner at said "you will have to pay regard to they had not had that reasonable

amount of supervision, then they and the Indian states, generally,

B. B. C. Wireless Military Band DR93. the inquiry and the special jury em- the same points."

It was for the jury to say whe also were guilty of negligence.ure served by the Postal Depart- ment of the Government of India, panelled comprised' Messrs. R. A.

Colbourne ther the work done by the architect

No Inferior Material.

H.E.II. the Nizam's, State of Hy-Marche Militaire (Schubert), Rodgera (foreman),

in this case was reasonable

Own internal Villagelle (Winterbottom).

H. M. Grenadier Guard's Band. Little, and Li Koon-chuu.

It was not alleged, against the derabad has its

its 87,000

0910. Mr. F. C. Jenkin, K.C. (Instruct- otherwise. He pointed out that it

7.14-7.28 p.m. Organ Solos: ed by Mr. F. E. Nash, of Messrs. had been held that it was not the contractor that he supplied in-Tostal system for

"British" post offices, as they Potted Overtures. Woo and Nash appeared for the duty of the architest to see to all ferior material. That point did square miles,

Terarco Casey. DB1112. contractors. Blessrs. Wang Tak minor details that would render the not arise in a soarch as to whe and Co., Mr. H. J. Armstrong of carrying on of the architect's ther the contractor was liable or are known locally, or "Iniperiai"

not. The contractor. had said he post offleco as they are known Nauticana-(arr. Casey). Messrs. Deacons, for the architect, supervision an impossibility."

Terance Casoy. DB262. Mr. Armstrong said that there did not understand the cantilever officially, exist in the Capital, the Rustiques-(arr. Casoy).

of the

7.22-8.20 p.m. A Concert. Mr. A. J. Lane, und Mr. M. K. Lo,

major, Industrial border towns, of Messra. Lu and Lo, for the was no reported cago in England in principle nor had he inspected the cantonments and some

Vocal Trio Sarabande und Musette. to be criminally guilty of mans-crete took place.

the state they are unknown.

Ground. laughter. That showed how far the

Mr. Lo then went over the evid-

PECULIAR FEATURES. architect had to go before he could

ence of the various foremen of the

While a British post card coats In the course of his address to be found guilty of such a charge.

The architect, he said, could not contractor, pointing out that none the jury on behalf of the contrastor, be held responsible in a case where of them ever inspected the laying anna, a Mogiat card costs 1/3

them that Mr. Jenkin reminded

the owner insisted on superseding of the roda and the pouring in of anna and that in the Moglai eur- He asked if that rency. The state currency is call- their finding might send any person to the Criminal Sessions of the the architect's judgment. There the concrete.

changes with the British currency Supreme Court on a charge of had been a considerable conflict of was good and proper supervisioned the Usmania. Sicca and

ovidence in the case as to what the by the contractor.

at one and one-six times (Bri. 100 be said, manslaughter. That,

Referring to the collapse of an-0. S. 116 odd.) The Nizam's

Âત્ત You Sau postal department has its should make them doubly careful owner's foremen did and what they

10. 1931, before making a finding that would were there for. The evidence show- ed that they were perpetually inter-

money order, cash on delivery implicate his client or anybody fering in the work. He submitted Street on September clso concerned in the very unhappy that it was of the greatest possible Mr. Lo asked the jury whether they savings bank and other systems, now, a British Post office costs He asked the jury to suppose that interest to the owner how the Avork could Imagine any person interest | and to send a money order through was proceeding, and he had no doubted in the work of building a somebody had suggested that the that the owner was present on the balcony in the same street, having with the increased surcharge, contractor was liable for mans site practicaly every day. "I ask failed to take note of this collapse, thrice as much as it would to send Song Aylesbury Ducks (Barker- Inughter. In order to find that, it you to consider why he should go to where the cause was the same as would be essential for the jury to the extent of denying this, and in in the present case. And four things, namely (1) that my submission, he had something the contractor personally owed to conceal. What it was, I cannot duty as to the possible use of the say. These foremen did something balcony, (2) that in the discharg else than to act as foremen". of that duty he was negligent, (3)

Continuing, Mr. Armstrong suid if the jury found personal negli that in this case if the jury found gence, that that personal negligence Mr. Lane guilty of negligence, they was the cause of death, and (4) if would have to disregard entirely the to be found evidence that he (Mr. Lane) and the contractor was criminally responsible, the jury Mr. Tong gave with regard to the would have to find a very much steel bars. In his submission, Mr. higher degree of negligence than Lane's and Mr. Tong'a attendance would be necessary in a civil case. periodically to inspect the bars was As regards the duty of the con-sufficient to constitute reasonable

one guilty of blame,, and of ANOTHER PAT ON tractor, Mr. Jenkin said that there supervision of the work.

"My submission therefore is that finding fault against anyone la has not. were some obvious duties, such as the supplying of proper materials in this case there is no evidence.bean unpleasant one. It and the providing of competent fore you which is sufficient to find workmen. Mr Jenkin submitted Mr. Lane guilty of any negligence," that the contractor had carried out he said. these duties. With regard to the question of supervision, the contrac

Mr. M. K. Lo profaced his address tor of course had to supervise the work or employ an agent to do so. by assuring the Coroner and the The evidence had shown that he had jury that he did not wish to take employed such a foreman, and more advantage of the fact that he had "I can only say over the architect had not objected the last word. to the foremaa though he was en-that Mr. Jenkin has very fairly titled to do so if he found any fault addressed the jury. I propose to with him. Further the contractor address you_qa_if Mr. Jenkin and himself gave a certain amount of Mr. Armstrong have not spoken at personal supervision and there was all," he said.

Speaking as to the cause of death, evidence that he visited the sites twice a day and stayed about an Mr. Lo said that happily there was hour on each occasion. "I put it no dispute about that. It was con- to you that that supervision was ceded by everybody throughout the nothing other than it should have enquiry that the collapse of the verandah was caused by the steel been," said Mr. Jenkin.

bars in the cantilever balcony slab being placed on the bottom, when in It was part of the contractor'e fact they should have been placed duty to see that the architect was at the top. The structuro brought upon the scene before the therefore in violent deviation from cement concrete was filled in. The the plan, the construction avidence showed that the contractor fundamentally wrong and was bound did in fact do this. "What else to be disastrous.

Could Do No More

Mr. Lo's Address.

WaB

WAS

Mr. Lo said that if it was held is there that it la conceivable that this man should personally have that no one was responsible for the collapse, auch a decision would send done," he asked.

Dealing with the law. Mr. Jenkinshudder through the Colony.

There could only be three persons said that the contractor was re- quired to take that care that was responsible for the collapse-the The usual owner, the architect and the on- usual in this matter.

tractor. With regard to the course to be taken by a contractor was to provide competent men owner, Mr. Lo argued that when and foremon and to go to the pre- a man paid $140,000 to a contrac- mises periodically to satisfy him- tor to build houses, and $7,000 to self that everything was going on an architect to build and super- vise the house, such a man prima properly.

Jenkin

said

aub-

With regard to the steps neces- sary to provent recurrence of such an accident, Mr. Lo said he thought none were necessary s long as the architect and contraç- tor did their duty. No new law was an was required; unless it exhortation to the architect and contractor to do their duty.

Unpleasant Duty.

"We live in a smail place," said Mr. Lo. "The duty of finding any-

worry

the same amount through a Mog- lai office, and invariably people use the state postal system even in the towns which have both.

There are many other peculiar features of this rival' system. Whereas the British post offices in the state observe Sunday as the weekly holiday, the Moglai offices observe Friday as a nonworking day; while the British offices use red as their colour the Mogiai use yellow as their colour-Reuter.

THE BACK

RELIABILITY OF THE ENGLISHMAN

Malcolm McEachern (Bass). DB132. Octet-Song. of the Waterfall

(Squire). Octet Scent of the Jasmine (Squire).' J. H. Squire Celeste Octet. DB107 8.20-9 pm. Orchestral rausore (Schumann, arr. Urich).

Song Pear Gynt Suite No. 2-Solveig's

Bournemouth Municipal_Orch: In A Camp of. Ancient Britons

(Ketelboy).

Kotelbey's Concert Orch. 9800. Whispering Pines (Byrne). Zip Zip (Byron Brooke).

DB810.

Sir Dan Godfrey conducting the Bournemouth Municipal Orch, 5003. Ideale (Tonti, arr. Tavan). Love's Last Day (Benntaky).

Jean Larsen and His Orch. 5700. Chansen Trister (Tschaikowsky,

arr. Stewart).

Three Dances from Nell Gwyn (Ger- man)-The Merrymakers' Dance. Bournemouth Municipal Orchestra. DB966.

9-9.20 p.m. From the Studio. A Song recital by Miss Carmen Botelho accompanied by Mrs. A. W. da Roza.

Programme.

2. How Deep is the Ocean?

2. We Just Couldn't Say Goodbye. 3. Masquerade,

4. After-To-night Wo-Say Goodbye.- 9.20-10.30 p.m. Variety.

been a pleasant duty for me to do appeal to you gentlemen to make these submissions to you. approach your task with absolute fearlessness and not to about the personal element at all.

have I know you will do this as a duty because of the oath you taken, and also what you owe to PRAISE BY CZECK the dead".

· Prague, Jury's Verdict.

A tribute to British reliability The Coroner then reviewed the evidente, and the jury after re-appears in the Prague fortnightly tiring for an hour returned the "The English Post, in an article

by Mr. V. Charlos Hales,

and Czechoslovak subject the Orchestral The Land of Smiles following verdict.

Patiently Smiling. "1-Death was due to col-managing director of the English

Orchestral The Land of Smiles- lapse of the balcony by reason institute here,

You Are my Heart's Delight 1 Describing of the placing of steel bars in

journey from

Albert Sandler and His Orchestra. 'wrong position, and

D3523. was, Prague to Africa via London, Mr. therefore, due to misadventure. Hales says: "We are in England; Song-That's All That Matters to Me. "2. The contractor's foremen passengers need have no anxiety Song-What Have we Got to Lose,

Anona Winn (Soprano). DB1125. misunderstood the details of about their luggage; the portera

Plano Solo-Helen-Selection." the steel work, and placed the systematically. bestew everything Piano Solo-Have You Forgotten? bars wrongly, and the person or in its appropriate place......

Billy Mayerl. DB777. persona responsible for super-Punctual to the second, the train

of the Vocal Duet My Happiness. out to draw

Vocal Duel Cinderella Brown. vision failed to, perform their begins

Reis and Dunn. DB1120. duties in checking the position station.

the

We are in an English ship; Orchestral-Casino Dances. of the steel bars before concrete was poured.

punctuality and orderliness are Orchestral-Love, Here is my Heart." watchwords of its

Albert Sandler and His Orchestra. Incredibly

DB840; "We recommend measures smooth and efficient organisation

Humorous Song-Stormy Weather. to be taken to deal with arch everybody has his clearly-defined Humorous Song-You Li-de-bi-ing tects who fail to supervise duties, and everything its proper their work properly.

place......

2

"The second bell goes; fare "4.-We wish to express our sympathies with the relatives of wells are made in carnest, and the dead."

Jury Thanked. Tho Coronor-Gentlemen

now wo

can see, unmistakably, that we are among English people and in an English ship. In the I 'good-byes' there is a sincerity to

who

荞

Me.

Frances Langford. DB1124. Organ Solo-Moon Song. Organ Solo-Farewell to Arms.

Quentin M. Maclean. DB1098. Vocal Quartet-When It's Lamp- Vocal Quartet My Wishing Song.

lightin' Time in the Valley.

The Four Musketeers. DB1127. Orchestral-By the Sleepy Lagoon.

Albert Sandler and His Orchestra. Orchstral-Under Heaven's Blue.

DB1001,

Vocal Quartet Suzanne...

The Harmonians, DB1121. Orchestral--King's Sorennde. Orchestral-That Aloha Waltz.

Hawaiian Moana Orchestra. DB99,

Remember. Vocal Dust-Just 80 You'll Vocal Duct--My Darling.

facie could not be held to blame thank you for your long and be understood only by one Continuing, Mr. there were two theories as to the for defective design or defective patient hearing in this inquiry, has lived a long time with English cause of the collapse, and the point construction. There was a sug- and for your care and attention people and knows them well. therefore arose as to whether the Beatlon by Mr. Armstrong, he

sincere friendship is ex bars were laid as per plan or whe- jaid, that the ownor was in some in coming to n verdiet. It has There is no formality; only genuine Vocal Quariel-Love Tales

pressed. hearings I think. ther they were laid as found. It way responsible because the work been a long hearing; about seven and

Not only The ship leaves. was difficult to believe that the rails by his overseers had been ram-

tho [ming

concrete. He

also but Mr. Lo-Ton hearings, your English passengers, were not in fnet laid down as they milled that that must be thrown Worship.

English anilors differ essentially were found.

A clauso in the specification overboard after Mr. Moore's evi-

The Coronor. I shall forward In their feelings at auch moments stated that the architect was, the dence, because the whole thing

period No fear of infidelity gnawa sole judge as to whether the work was not a question of ramming at your names to the Chief Justico from the peoples or other nations.

for exemption for any all.

Owner's Position, to be done conformed with the work

which ho may feel disposed to their hearts; trust is met with

trust."Routdr. grant. sa planned, by him. As far as the contractor was concorned, there was With regard to the owner's posi nothing more to the case once that tion, Mr. Lo said he was not try fact was appreciated. If the ing to be lowery, but Mr. Kwok DAY BY DAY NEWS IN BRIEF architect passed the balcony s did feel a very overwhelming re- being in conformity with the plans, sponsibility to his brother for the No ONE BUT AN ADVENTUROUS, Thu &a. Sirdhana will leave Amoy the case against the contractor was death of his niece, as wel! TRAVELLER CAN KNOW THE BEAUTY for this Port on the 10th instant and

is due hore on Thursday, afternoon, absolutely at nu end.

as to the family of the amah whe OF BLEER-Earl of Beaconsfield: Mr. Jenkin stated that it was died. He invited them by thoir

at

possible that the collapse might verdict to clear the owner of any Two cases of typhoid, one from A patient admitted to Hospital yes- at all in the Victoria and one from Kowloon, were terday is said to have suffered burns prove to be the subject of civil responsibility action, and he reminded the jury collapse. He felt they would do reported to the local health authorities to his face and head through an ac eldent caused when he lighted a once more that in an inquiry auch so, and that his appeal had not during this week-end..

patented atova, ne the one in which they were been made in vain.

The Rev. N. V. Halward, M., O.. Mr. Lo submitted that Mr. Lane engaged, the negligence, which

grossent assistant chaplain at St. John'

The Indian Postal Administration would satisfy them would have to "was guilty of the bo n very much higher degree of negligence" in this case, but that Cathedral has been appointed Officiat

with negligence than would satisfy a of course depended on what the ing. Chaplain to the Forcos (O. of E.) has decided that parcels from foreign effect from Joly 10,vice Rey, countries addressed to Post Box fury in a civil netion, and jury found Mr. Lans had dono in AD: Stawart, MA The former numbers only fe without any ad mut it is you with confidence," the Cane. He pointed out the official appointment of the Rev. G... altion of the actual addrest of the

will not be accepted Mr Jonkin", concluded, therethez romanatha werden daspects Balades Yah has been as criminal neglect of duty of Mr. Lane and that of Mr. Lbeen cancelled.

પહેલી

for

News.

کو

Layton and Johnstone.. DB1118. 10.30 p.m. Rugby Mid-day Press 10.35 p.m. Close Down! All records in the abovo European programmes are kindly supplied by Messrs. Anderson Music Co.

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