Court of Appeal orders inquest into the deaths of two victims in the Lamma Island boat crash

The Court of Appeal on Wednesday ordered an inquest into the deaths of two victims who died in one of the city’s worst maritime disasters off Lamma Island on National Day in 2012. The decision came as the families of the victims won an appeal against an earlier rejection from the High Court. 

The appeal was filed by Leung Shuk-ling and Chiu Ping-chuen, who listed the coroner as the sole respondent. 

At around 8.20 pm that day, two passenger boats – the Sea Smooth and the Lamma IV – collided off the north-west coast of Lamma Island. The Sea Smooth remained afloat after the collision but the Lamma IV sank rapidly within 118 seconds. Thirty-nine passengers onboard, including eight children, were killed. 

Police handed over the investigation results to the coroner in October 2020 and the coroner later that year decided not to commence an inquest. 

Leung and Chiu then applied to the High Court’s Court of First Instance to order an inquest into the death of their two family members, Leung Ka-kit and Chiu Siu-king, but was rejected by Judge Russell Coleman last November. 

They then filed an appeal as they believed the case involves public interest. 

In the written judgment released today, a three-judge panel said: “The public interest is self-evidently engaged. It is best demonstrated by the appointment of the Commission of Inquiry (COI).” 

Chief Judge Jeremy Poon Shiu-chor also said Judge Coleman’s views on what public interest entails in the context of the coroner’s decision to hold an inquest and its application to the facts were “too restrictive.”  

Coleman had not given sufficient considerations and “the discretion [to order an inquest] was a result erroneously exercised,” Poon added. 

The judges praised police for their efforts in picking up the threads left by the COI and preparing the Death Investigation Reports which provide the crucial basis for the inquest. 

They also expressed their deepest sympathy to the victims’ families for their loss. “We earnestly hope that when the inquest is concluded, there will be closure for all of them, which is regrettably long overdue.” 

Outside the court building, Leung said she was emotional to learn their victory. She believed the death inquest is only the beginning and it is her first time that she can finally smile in front of the cameras. 

Leung said she never thought it would take her over 10 years [to fight for an inquest] and welcomed other families to join them. 

A spokesperson for the Transport and Logistics Bureau said it will fully cooperate during the death inquest but refused to comment further as the case has entered legal procedures.