The Archive · 1922

HARBOUR REGULATIONS

To the Editor of the "Norrg-Cuina Datty News."

Siz,—"Longshore Man" in your issue of to-day, puts some questions directly to me in connexion with my letter of November 3 on tha above subject.

I am pleased to reply to him in this instance, but it is not my intention to reply to any other anonymous letter writer who may criticize—friendly or otherwise—any letter published in the press over my name. I like to fight in the open.

I must begin by telling '"Longshore Man" that if he is a seaman he would be a very dangerous one to be put in command of any kind of a vessel, as he would probably act.on his own opinion and not in accordance with the Jaw, if he reads all regulations as he reads those of the "International Regulations for Preventing Collisions at Sea." Private interpretation of any law whether divine or secular is a dangerous thing. Longshore Man" thinks that Rules 2 and 4 of the Regulations imply that the black balls under discussion should be hoisted as he states—as long as ho only thinks so it will do no harm. I can inform him that it has been decided against him by the Admiralty Division of the igh Court of Great Britain in the case of the "Dundee" and the "Carlotto," "that the two black balls or shapes referred to in subdivision (a) are only for use when a vessel is afloat and not when she is hard and fast aground." It was recognized in that case that Article XI makes no provision to show a vessel is aground in the daytime. I comment on this in my book "How to Avoid Collisions" (North - China Daily News") and IT niay add, any more than it makes provision to show a vessel is at anchor in the day time. "Longshore Man" makes a bold statement when he says, "That the practice of hoisting these balls when aground in the day time is world-wide and international. Well! I have travelled "some" in, my time and I sever saw such a misinterpretation of signals till I came to live on the banks of the Huangpu, so I take this opportunity of criticizing his statement; besides customs which are not in accordance with the Law receive no countenance in the Courts.—Also, all men in command of vessels are not foolish enough to place themselves in the shadow of the. Merchant Shipping Act which provides penalties for breaches of the Regulations.

Text read from the printed page and cleaned; old type leaves the occasional error.

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