In 2021 when I was working on 10,000 Prosperities, the book on Ban Hin Lee Bank, there was one minor incident I felt unnecessary to include at the time. It seemed a diversion from the main story. Looking at it again now, I think it fits rather well as an addendum to the bank’s history.
By the middle of 1936, Beach Street was changing. Numbers 41 to 47, old shophouses that had long done unremarkable business along that stretch of road, were coming down to make way for something newer and larger: a purpose-built home for Ban Hin Lee Bank. The land belonged to Yeap Chor Ee. The bank itself was operating just a few metres up the road, from a modest building at the junction of Beach Street and Market Street, which he also owned. For a newly incorporated bank seeking recognition in a colonial port city, modesty was no longer enough.What Yeap wanted was an imposing building that rivalled European-owned buildings and, just as importantly, assure his Chinese customers of merchants and traders that his was a bank that was strong, dependable and reliable. Perhaps he had in mind the Chartered Bank or the Hongkong and Shanghai Bank buildings further down the road. In any case, he envisaged a structure built along classical lines, one that would place Ban Hin Lee visually among the established pillars of finance on Beach Street.
Demolition began sometime in June. Red flags were strung along drains and five-footways, the old and familiar signals that had long served as warnings to passers-by. What were missing, at least at first, were proper hoardings to separate the site from the street and, more importantly, a licence from the municipal authorities permitting the buildings to be taken down. On 29 June, those omissions turned fatal.That afternoon, Sikandar, a 12-year-old Indian boy, was carrying coffee from a shop in China Street to a money-changer who operated from the five-footway along Beach Street. It was something he did regularly. This time, he never returned. As part of No. 47 collapsed, bricks and tiles fell into the public way. Sikandar was struck and badly injured. By the time help arrived, it was too late.His death set off a chain of proceedings that stretched over several months. In August, the coroner, HAL Luckham, found that the boy’s death was an accident involving contributory negligence on several sides. A workman might have acted negligently, but there was no definite evidence. The contractor, Anamalai Chettiar, should be prosecuted. The liability of the owner was less clear. He also noted that the money-changer had remained under a building he knew was being demolished.The contractor’s case was heard first. Anamalai Chettiar was charged with failing to take proper precautions to protect human life. Witnesses testified that rubble had been falling onto the road, that the old houses were already unsafe and that demolition had begun without either a licence or protective hoardings. He was eventually found guilty and fined $25.Running alongside this was a trickier question: who was actually responsible for the site? Yeap Chor Ee had sold the materials from the old houses to the contractor under a written agreement. The contractor was to provide the labour, insure his own workers and clear the site within a month. From Yeap’s point of view, this was a simple sale. Once the agreement was signed, the buildings, and the risks that came with them, were no longer his concern.The Municipality disagreed and summonses were issued for failing to put up proper hoardings and starting demolition without a licence. The case drifted back and forth in the Police Court, often stalled by technical legal arguments that seemed to sideline the fact that a boy had been crushed to death on Beach Street.When the matter finally came fully before the court in November, everything came down to how the law defined a few seemingly simple words. Under the Ordinance, who counted as the “owner”? Did responsibility rest on legal ownership, physical control or intention? And could someone be prosecuted for failing to put up hoardings when, without a licence, he was not legally allowed to erect them in the first place?The Municipality’s lawyer argued that Yeap Chor Ee had intended the buildings to be demolished, that he ultimately remained in control and that duties meant to protect the public could not simply be passed on by contract. The defence replied that this was not an employment arrangement but a sale of materials, that the contractor was in possession and that where the law meant to impose responsibility on owners, it said so clearly.When judgment was delivered just before the end of the year, it found that Yeap Chor Ee was guilty of commencing demolition without first obtaining a licence, and he was fined $200. An application for a stay pending appeal was granted, but the point had been made.
Here, my account ends as I could find no further details of the accident or the subsequent court proceedings. After Ban Hin Lee Bank relocated to its new premises some time in 1937, registered as 43 Beach Street, the final act came in January 1940 when Yeap Chor Ee transferred ownership of the property to the bank for the sum of Straits Dollars $55,000.
Sources for this story:
Pinang Gazette and Straits Chronicle, 10 September 1936
Pinang Gazette and Straits Chronicle, 30 October 1936
Pinang Gazette and Straits Chronicle, 19 November 1936
Pinang Gazette and Straits Chronicle, 20 November 1936
Pinang Gazette and Straits Chronicle, 30 December 1936
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