Court rules 39 victims unlawfully killed in 2012 Lamma Island ferry disaster

The Coroner’s Court on Wednesday ruled that the 39 victims of the 2012 Lamma Island ferry disaster were unlawfully killed. 

On October 1, 2012, the vessel Lamma IV collided with another ferry, Sea Smooth, off Lamma Island while carrying 124 passengers and crew members to watch National Day fireworks over Victoria Harbour, leaving 39 dead and 92 injured. 

The ruling follows a 44-day inquest that began last May, during which 84 witnesses were called—including the director of Cheoy Lee Shipyards, which built the Lamma IV, the Deputy Director of Marine, and seven expert witnesses. Closing arguments were completed in mid-September last year. 

The ruling was initially scheduled for last November, but was postponed three times. 

Coroner Monica Chow Wai-choo first announced the identities and occupations of the 39 victims, which included eight children. She determined that 38 victims died in the waters near Shek Kok Tsui, Lamma Island on National Day 2012, while another 10-year-old victim, Tsui Hoi-ying, passed away five days later at the Pamela Youde Nethersole Eastern Hospital. 

Three victims – Yumi Au Hiu-lam, Edwin Hui Ka-wai and Tsui Hoi-ying – died from multiple traumatic injuries, while the remaining 36 lost their lives due to drowning. 

Chow noted that the captains of both ferries had faced prosecution and conviction related to the incident. Applying the balance of probabilities principle for the inquest, she concluded that the evidence met the standard of proof required for civil proceedings and also satisfied the criteria for criminal trials. On this basis, she ruled that the 39 victims were unlawfully killed.  

The inquest focused on six key issues, including whether Cheoy Lee Shipyards had failed to install the watertight door in its stern, and whether former Cheoy Lee draughtsman Cheung Fook-chor had evaded responsibility for miscaculating the vessel’s damage stability. 

Additionally, the inquest looked into whether the bow of the Hong Kong and Kowloon Ferry’s Sea Smooth had been fitted with steel plates, and whether the height of Lamma IV’s bulwarks fell below the required standard.  

It also examined the frequency of Marine Department inspections on Lamma IV’s compartment doors and whether the crew members involved had exceeded permissible working hours.

The inquest was conducted without a jury by Coroner Chow, with senior prosecutor Andrew Li Hay-chit serving as the coroner’s officer.