278
THE HONGKONG WEEKLY PRESS AND
wrists, leaving the limbs of the poor victim | ENQUIRIES INTO COLLAPSE OF
in a fearful.state.
On the 4th inst. the male defendant was charg- ed, and remanded for a week, when he and the female prisoner will be placed in the dock. Mr. J. S. Harston, solicitor, appeared on their be- half, and asked that bail be allowed; his clients were willing to put up $3,000, he said. Inspector Gidley informed his Worship that he had Leen instructed by Mr. If. L. Dennys, Acting Crown Solicitor, to oppose any application for bale. His Worship accordingly refused to allow it.
Mr. Harston said the woman was in a weak state of health, and ought to be allowed out on bail so that she could have medical attendance, to which his Worship replied that there was medical attendance in the gaol.
HOUSES.
F RAT STREET-CONTRACTOR COMMITTED
FOR MANSLAUGHTER. As we intimated in our 44
Express" on the 4th inst.. the fatal collapse at 56. First St. eet on 29th July official enquiry into the last ended in the contractor. Tak Ker, being con mitted for trial ou a charge of manslaughter. Addressing the jury. Mr. Goldring said they Woug Fook at No. 56, First Street. That bis were there to enquire into the death of the man
death was caused by the collapse of the second floor kitchen in that house there could be no reasonable doubt, and it would be the duty of the jury to decide whether any person was guilty of such gross and culpable negligence as PONTIFICAL JUBILEE OF POPE to render him liable to be put upon his trial for the crime of manslaughter. After submitting
į that the whole question turn d upon two things. | (1) whether negligouca existed at all, and (2) whether, if it did exist it was so gross as to be reckless, Mr. Goldring proceeded to review the He was concerned, he said, prin- evidence. cipally for the contractor, and he thought
LEO XII.
CELEBRATION IN HONGKONG.
The Roman Catholic community of Hongkong celebrat d on the 4th inst. the Pontifical Jubilee of His Holiness Pope Leo XIII. Leo XII, who is 91 years old, has now reigned at the
bead of the Roman Church for twenty-five years, and has proved to be one of the wisest and most p pular of Pop3, and is thus highly regarded not only by the Roman Catholics in all parts of the
world, but also by the principal crowned heads of Europe, having more than once acted success- fully as arbitrator in many knotty political questions.
On the 4th inst. was not the actual day of the Jubilee, but it was the day appointed for celebra- tion in Hongkong. The service commenced at 8 a.m. by a Pontifical High Mass at the Roman Catholic Cathed al. His Lordship Bishop Piazzoli officiated, assisted by all the clergy, the service being alte ded by a very large con-
there was nothing in the evidence adduced to prove that his client had been guilty of criminal negligence. If there was any doubt in the minds of the jury as to the liability of the contractor, it was thir duty to give him the benefit of the doubt, and to bring in a verdict in his favour. One point which had to be decided was whether the kitchen floor or the wall fell first, aud in that connection Mr. Goldring was of opinion that the evidence went to prove that the kitchen floor was the first to collapse.
Mr. Dennys interrupted to say that the evidence was all the other way that the wall fell first.
Mr. Goldring submitted that not much
[October 11, 1902.
kitchen was, as stated, in consequence of the collapso of the wall. Why, then, did the wall fall down? Mr. Dennys put it to the jury that it fell directly in consequence of its having lest the support it formerly had from 59. First Street, and Nos, 27 to 33. Centre Street, by the pulling down of there consider whether there was anybody upon whom houses. That being so the jury would bare to the duty was cast of protecting the lives of the people living in No. 56, and if they found that thero was such a person, it would be for them further to consider who that person w 18. As far as he was concerned, he would submit that the inspector of buildings was not in any way liable: it would be highly absurd to expect any round and inspect every single building in the uan in the Public Works Department to go
Colony. If the attention of the inspector of he saw that something should be doue, he would buildings was called to any old building, aud report to the Director of Public Work, and a
notice would be served on the owner to pull
down the wall or to do whatever was necessary. concerned. Mr. Dennys did not think that the So far, then, as the inspector of buildings was jury would have much trouble in dismissing him from consideration in the enquiry. With re- ference to the architect, the jury would probably come to the conclusion that his plaus did not properly represent the position and levels of the surrounding ground and buildings, and that they ought to have done so, un ler the Ordinauce. decide, was not the immediate cause of the But that defect, the jury would also doubtles
accident, and on that point the law gaid that in a case of mauslaughter the death must to brought about by the immediate failure of the person responsible to discharge a certain duty. As to others upon whom responsibility might be placed, the owners-the majority of whom were women were not resident in the Colony.
no explanation was obtainable from them as to their positions in the matter. No blame could reasonably attach to Ip Tuk, the lessee, but, bearing the evidence in mind, thors could be no possible doubt that upon Tak Kee, the contractor, was cast the
gregation. The sermon was oloquently preached į reliance could be placed on the evidence to that and neither was Pau Chan, the age it, so that
came
by the Rev. A. M. Alves, S.J., who over from Macao for the purpose. The musical portion of the service was under the charge of the Cathedral organist, Mr. Baptista, and the choir had the assistance of an orchestra composed entirely of amateurs. The interior of the Cath dral was very taste.
duty of protecting the lives of the people in
effect. If the kitchen floor really fell first, then he did not see how the jury could blame any- Obody at all, unless they chose to attach blame to the Public Works Department for not carrying out a systematic inspection of old buildings. Negligence, if there was any lay with the people who ought to have inspected the premises, but who did not do so and allowed them to get into a dangerous condition. Thero- fore, continued Mr. Goldring, the fault lay with the Government; there were not sufficient people or hands available to inspect all these houses, and he was of opinion that something their opinion it had, then he should be put aftenfauce at the afternoon service was also i did not think that with regard to the collapsed upon his trial before a jury in the Supreme
ought to be dous to remedy that defect.
fully decorated wih plants and choice cut flowers. In the afternoon the service started at 4.30 o'clock, and consi ted of the recitation and singing f the Rosary-yesterday being also the feast of the Holy Rosary-followed by another sermon by the sim: preacher, Te Deum, and Benediction of the Blessed Sacrament. The
was
numerous. In the evening Bishop Piazzoli held a reception in the hall of the Catholic Union at Gleauealy, which specially decorated for the occasion. By kind permission of the afficers of the 33rd Burma Infantry, their Band was present, and enlivened the proceedings by playing an excellent selection of music. The Cathedral and compound were gaily illuminated with Japanese lanterns. Besides the Cathedral, the Catholic Union, the Spanish and French mission houses in Caine Road, S. Joseph's College, the Italian onvent, and the French con ent at Praya East, several private residences were also beautifully lit up with Japanese lanterns, the sight from the harlour fout being :emarkably fine.
'
Le Courrier Saigonnais states that Я correspondent of La Patric, hearing that M. Dutasts, the French Char é d'Affaires in Bangkok during the absence of M. Klobukowski, had asked for his immediate recall in view of the grave nature of the situation, interviewed M. Deloncle, who amongst other things said. "I do not as yet know what truth there is in the report of the d mand for his recalls by M. Datasta. It is certain, however, that the actual state of affairs with Siam is really pressing. We are, however, not the only ones to suffer from the present state of Siamese feeling, because the Eng ish as well have a bone to pick with them in their zone of influence in the Malay Peninsula. Knowing the Siamese, I am much afraid
therefore that all thes conversations (between the Siamese Ministers and the French) may be only so much time lost, and that we shall have finally to have recourse to other means, not only to make them respect the Treaties of 1-92 and 1893, but to prevent the Siamese violating our own territories.”
auy
wall it had been proved there had been defects in it, for nobody saw the wall before the collapse occurred except the con- tractor, who, when he noticed the typhoon signal, put up shoring to prevent possible
accidents, Was that the act of a man guilty of culpable negligence No; the contractor had taken sufficient precautions, and could not be held liable for what subsequently occurred. Hasiug regard to the whole facts of the case, concluded Mr. Goldring, ho did not see how the jury could possibly find anyone culpable, unless they thought that the conduct of the inspector of building who to k a run down to the premises and went away again was sufficiently reckless to amount to manslaughter. Mr. Dennys then proceeded to sum up. After impressing upon the jury the gravity of the enquity, he said his friend had pointed out that if they had any doubt in their minds as to the culpability of anybody, it was their duty to give him the benefit of the doubt and dismiss him. That was not the position of the jury at all. They had simply to consider whether any one was guilty of culpable negligence, and if their finding was to that effect it would be the duty of the magistrate to commit that person for trial at the Supreme Court. The Attorney-General of this Colony, as filling the position of a grand jury in England, would then say whether or not he would indict that person for the crime of manslaughter, Proceeding, Mr. Dennys put it to the jury
that on the evidence there could be no reason- able doubt that the wall of No. 56, First Stroot fell first and caused the collapse of the second floor kitchen and through it the death of Wo g Fook. It had been clearly shown in the evidence that the joists, though old, were perfectly good, and that the fall of the second floor
|
No, 56, and whether other people were liable or not would make no difference in his liability. After quoting Stephens on Crive, Mr. Dennys reiterated that the jury had simply to decide whether or not a prima facie C had been made out against the contractor, and if in
Court.
The duty of protecting the people in No. 56 might have been discharged in various ways-by turning the p ople out and pulling. the wall down and properly rebuilding it, or by giving it that support of which he deprived it
when he pulled down the party wall between
No. 56, First Street and the houses in Centra Street. Mr. Dennys concluded by reminding the jury that they wore not trying the man; they were simply the judges of whether or not him, such a case as ought to be tried before a a prima facie case had been made out agaiust jury at the Supreme Court.
His Worship read extracts from recognitad text-books to aid the jury in arriving at a decision, and said the two questions for them to settle w re- (1) Was the death of the deceased, Wong Fook, due to criminal neglį- geace? aud (2) what person or persons were gailty of such criminal negligence? They could add any riders they liked,
The jury retired, and after an ab-euce of about five minutes returned into Court, when the forein announced that they were unani. Fook was due to criminal negligence, and that mou in deciding that the death of Wong Zak Kec, the contractor, was the guilty person. A rier was added that the jury were of opinion also that the Government had neglected its duty.
Tak Kee was theu formally committed for trial at the Supreme Court on a charge of manslaughter. Bail was allowed of $5,000, in
two sureties of 82 500 each.
KOWLOON CITY ROAD.
i
The official enquiry into the fatal collapse of Nos. 30 and 32, Kowloon City Road on 18th July last was resumed fon the 7th inst. before Mr. F. A. Hazeland and a common jury. Mr. H. W,
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