1933-08-19 — Page 5

FLASH POINT OF OIL.

CASE BROUGHT AGAINST COMPANIES UNDER WRONG SECTIÓN,

ALL SUMMONSES DISMISSED.

Ruling that the summonses were brought under the wrong section, Mr. Scholleld, at the Central Magistracy yesterday afternoon, dismissed the charges against the manngers of four oil companies summoned for breach of the Dangerous Goods Ordinance.

The summonses arose as a result of the storing of petroleum distillate in twelve Junks tying off Cheung Sha Wan. Action was faken against the owners after a fire had broken out on one of the junks.

It was revealed during the hearing that the oil was a distillate of petroleum Imported from America distilled and converted into kerosene. Its flash point was Hald to be further to have varied in all the cases from 145 deg. F. to 193 deg. F. It apparently seems to be a new trade, having only started about six months ago.

THE HONGKONG TELEGRAPH.

The prosecution contended that the stored there and the quality of the oll came within the meaning of oll dangerous goods, although only in two cases did the flash point go object you sent for him was to inform To cut a long story short, the only below 160 deg. F.

him that you would issue a summons against yes.

the company 7-Generally,

The defence, represented by Mr. M. K. La and Mr. C. Y. Kwan, sub- mitted that the section under which the summonses were brought was wrong, in that it did not refer to the storing of oil in lighters, ships or

⚫boats,

Put it to you that it was quite wrong for you to question him, if you had intended aummoning hint, without giving him a warning? was most likely that I would have prosecuted him.

It

Mr. Lo, addressing Mr. Schofield, all that he was content to ark cor-

Mr. Kwan also contended that the oil could not be said to come within the meaning of dangerous goods as its flash point was above 150 deg. Ftain questions, which would enable In only two cases was the flash him to get a decision on the prosecu point found to be below this mark, tion's case, but if the ruling war and Mr. Lo explained it as having against him, he would ask further been the failure on the part of the questions. ngonia in Americn to comply with the conditions of the contract.

The Defendants,

Mr. Schollell ruled that if there was other evidence available, and Mr. Fitzhenry had said there was, ho would hear it.

Mr. Lo then continued his cross- examination of the witness.

Mr. Lo. Do you seriously eny that. this oli is dangerous in the popular sense?-Definitely yes.

Why?-1 had experience of this oil before, and I know it is dangerous.

Would you be surprised to hear that Mr. Frayfeld will say that you can use this oll to put out a Are?-I would not believe it.

A Challenge.

Are you prepared to take any sample of this oil Into Court and let me light a match to it?-It would not Ignite by the application of a flame

Chan Yip-sang, the manager of the Po Sang Company, King's Building, Connaught Road, Central, was som monel for storing 70 ions of petroleum distillate without a licence un a cargo junk lying off Cheung Sha Wan, and also for storing 200 tons of petroleum distillate on another cargo junk alse oT Cheung Sha Wan. Mr. M. W, Lo, of Messrs. Lo and Lo, represented Mr. Foo Hing-tak, the general manager of the Associat ed Petroleum Company, BA, Des Voeux Road, Central. Eight sum- monses were preferred against defen- dant, all in connexion with storing cargo on junks off Cheung Sha Wan

The total amount of etroleum dis-only. tillate and other inflammable liquids In other words it would only burn alleged to have been stored on the you used 'n wick?-No. Junk was 1.855 gallons.

Mr. H. 3. Chen, manager of the South China Oil Refining and Enter- prise

Company, 63-00 Дся Уосих Road, Central, was summoned in respect of storing 60 tons of petro loum distillate on a junk off Choung Sha Wan, and Mr. K. S. Lee, manager of the China Supply Corporation, 10 Queen's Road, Central, was summoned In respect of 400 tons of petroleum

dintillate.

Both defendants were also repre- sented by Mr. M. W. Lo.

Case Outlined.

If some

sort of external heat was applied to bring it towards its flash point it would ignite.

Have you investigated as to how this oil Colony7-I have an idea,

was Imported into the

Do you know whether it is imported as dangerous goods?-No. The own. ers did not register it as dangerous goods.

Would you be surprised, to hear that the insurance companies have charged nothing for the carriage of this oil as dangerous goods?-I would nót.

Do you know that by taking, what Outlining the case for the pro- I may term arbitrary proceedings, secution, Mr. C. FitzHenry,air setion will be resented by the Deputy Superintendent of the Fire Public don't know where it is Brigade, said that the summonses arbitrary. It is my duty to see and arose in connexion with a fire which to report that no undue fire risks be accurred on n junk in Cheung Sha accessible to places in the Colony. Wan on July 22. The ink was then All Considered Dangerous. carrying 340 tons of petroleum dis You spoke about tests. tillate. The fire occurred as a result make any distinction between any of of an oxy-acetylene apparatus being the enses?--In sonic cases the overheated. The oil did not ignite. quantity of the oli is better, but I re- All the Junks were carrying danger-gard them all as dangerous goods, irrespective of what their flash points might be.

nus goods,

He observed eleven other junks lying outside the dangerous goods anchor nge. The situation was more dan gerous, because that part of the bay was inaccessible to fire floats in the event of a fre occurring. And if the Bre occurred at night, the danger would arise of the lames drifting to the shipyards on the water-front.

Mr. Schofield.This seems to be a harbour offence.

Do you

this kind may have the effect of stop- Do you realise that proceedings of ping this trade, and do you desire that ?-No. It is not part of my duty to stop any trade.

I think you stated that this business has gone on for some months 7-Yes.

You don't suggest it has been car ried on secretly-No. May be they did not know it was dangerous goods.

Would it not have been a point of rourtesy on your part to have warned them frst? It is not part of my

Mr. Fritzhenry-The question has been dealt with by the Harbour Manier, who has convicted Junk duty. masters for having dangerous goods on board.

This

You are not really pressing the case, are you?-I am not pressing on any penalty, but on the principle..

Mr. Kwan (to witness).-You were satisfied that in mast cases the flash spite of that you took out these sun- point was above 150 der. F. und in mones?—Yes

Continuing, Mr. Fitzllenry stated that these defendant companies delt in so-called fuel oil, which was crude xtillate of petroleum. distillato was brought to Hongkong from America, and trans-shipped to Canton and other places to be made Where was the necessity to take out into kerorene. Tho distillate was the summonses?It was dangerous stored here, until the duty in Canton goods in the meaning of the ordin- was satisfactory for the buyere to take the distillato to. Canton. The ordinance referred to petroleum and inflammable Ulquids...* Inflammable liquide meant liquids with flash point under 150 deg. F.

ance.

Allatake Explained.

Mr. Lo submitted that he would. have to make a great distinction be tween the case in which the flack Mr. Fitzllenry said he obtained, the point was below 160 deg. F. and the names of the owners from the junk cases in which it was above that masters, The samples of oil were, caser in which the flash point was 145 mark. The armlyst had reported two sent, to the Government Analyst, and deg. F. and 145.50 deg. . This came in two cases the flash points were about as a result of the fallure of the found to be below 150 deg. F. The American agents to comply with the remaining flash points varied between. 161 deg. and 103 deg. F. The sub-terns of the conditions. The business manager of the Arnoclated Petroleum had been going on for some months, Company Informed him that the oil and the terms were that the flash was called fuel oil. Jie informed the point of the oil sent should be above sub-manager, that the oil was called 150 deg, F. So he clients naturally "onriched fuel oil," and in reply the assumed that every shipment. com- sub-manager told him it was called Plied with this essential requirement "special fuel all" which was to be With every shipment was also sent distilled into kerosene.

a certificate from the Deputy Inspec tor of Petroleum in New York that the flash point was above 160 deg. F. This was the only caso in the past six months in which the flash point had been below the mark. His clients had found out the difference in

Hearsay Evidence.

Mr. Schofield held that except for the Associated, Patroloum Company, the evidence he had given did not

hold against the other defendante, the flash point only after they had

because it was hearsay, evidence, received the certificate, and

影回

ho had not proved definitely the therefore asked that the offence ho ownership, except for the funk dealt with ns a technical une. maaleza” statements, montag

Arguing on the point of law, Mr.

Mr. Le (to witness) The only Lo submitted that the summonses evidence you hold against the A-were brought under the wrong section. sociated Fatroleum Company in this They should have really been brought curious conversation you had with the under section 7, which donlt with the sub-minnnger *** Valuesma

conveyance of dangerous goods by What was your object in sending ships, lighters and boats, wh

NAVAL TRESPASS,

WARSHIPS REPORTED

OFF DAIREN

Dairen, Aug. 18.

SATURDAY, AUGUST 19, 1933.

HUANG FU ON CHARHAR AFFAIRS

OFFER MADE-TO-

A roport has just been released

FENG here to the effect that two battlo- ships, allegedly of American

Nanking, Aug. 18. nationality, and a two-masted General Huang Fu, Chairman foreign warship, cruised Inside the of the Peking Political Council, coastal waters near here without arrived this morning from Kuling, diplomatic notice.

The story is prominently played General Chiang Kai-shek regard, where he had conferred with up in the local vernacular pross.

General Ando, commander of the ing North Chinn affairs, fortress at Port Arthur, declared himself uninterested in the matteratated that with the departure of Interviewed, General Ifuang and Rear-Admiral Tsuda, com.

from

mander of the naval depot, laughed General Feng Yu-hainng off the report, saying that it was Kalgan, the Charhar affair has probably an unintentional trespass been brought one stage while the ships, were practising solution, buut the reorganisation tactics-Reuter.

of General Peng's armies still

RADIO BROADCAST

(Continued from Page 9.) and during the last interval, the programme from Daventry will bo broadcast, provided reception provos entisfactory).

Programme,

1. Zampa-Overture (Horold). 2. On the Beautiful Blue Danube- Waltz (Strauss), In a Red Rose Garden (Gaston). Pagliacci (Opera Dramatkuo) (Leoncavallo).

3.

Interval,

Part 11,

1. The Merry Wives of Windsor-

Overture (Nicolai).

4.

On the Steppes of Central

nearer

3.

4.

Asia (Borodin). (Song of Russian and Asiatic Melody). Pomp and Circumstance, Bacchanalin--Fantasia

(Elgar).

(Finck).

section under which the summonses presented a big problem. He In- were brought only applied oils with timated that a political offer had a flash point below 160 deg. F., and been made to General Feng in tele. except for the two cases mentioned.grams recently sent by General there was no case to answer.

Mr. Kwan said he weald wish to Chiang Kai-shek and Str. Wangi associate himself with all Mr. Lo had Ching-wol. tained that if the flash point in crude he was leaving for Shanghai in a put forward, and in addition munin- oll or ovon petroleum was not below

General Huang Fu added that 160 deg. F, then it was not within day or two. the ordinance.

monses were

1.

2.

(ou popular drinking songs).

Interval,

Part III.

Scenex Pittoresques

(n) Marche.

(Massenet).

(c) Fete Boheme.

(b) Air de Ballet.

Hejre Katt-Sceno de la

Czardas (Hubbay).

(Liszt).

3. Second Hungarian Rhapsody

God Save The King.

fendants, remarked that the sum-tao reports that Mr. Sun Fo is on Mr. Schofield, discharging the de- A Chinese telegram from Tsing- brought under the his way to Taishan from Tsingtao. junke in which the contents were be Fo's trip is probably wrong section. As regards the two It is thought here that Mr. Sun!

11.30 p.m. (Approx:), Clone Down. low 150 deg. F.,, he thought sum-

connected All records in the above European monses against them could be brought with the Government's ander section 7.

offer to programmes are kindly supplied by General Feng Yu-hsiang-Reuter, Messrs. Anderson Music Co.

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