lamma inquest at long last

The court of appeal yesterday ordered an inquest in one of Hong Kong's worst maritime disasters off Lamma on National Day in 2012.

The decision came as the families of two of the victims won an appeal against a ruling by the high court, almost 11 years after the collision that killed 39 people and left 92 injured.

Leung Shuk-ling, Chiu Ping-chuen and Tsui Chi-shing, whose loved ones were among the victims on the sunken Lamma IV, had asked for an inquest in September.

However, high court judge Russell Coleman rejected it, saying he wasn't convinced that an inquest was in the public interest.

Leung and Chiu then filed an appeal.

A three-strong panel comprising chief high court judge Jeremy Poon Shiu-chor, and court of appeal vice-presidents Susan Kwan Shuk-hing and Carlye Chu Fun-ling yesterday quashed Coleman's ruling and ordered the coroner's court to look into the deaths of the victims.

In their written judgment released yesterday, the judges said the public interest is "self-evidently engaged" in the case as the government had appointed a commission of inquiry into the incident.

"[Coleman's] view on what the public interest entails in the context of the coroner's decision to hold an inquest and its application to the facts is too restrictive," the judges said.

"Sufficient considerations had not been given to the matters relied on and the discretion was as a result erroneously exercised."

They said some new and further evidence had emerged after the commission finished its report and had not been considered earlier, as the commission was required to submit the report within six months and could not cover all the facts.

For example, they said, evidence showed that the passenger boat Sea Smooth that collided with Lamma IV had had reinforcement plating installed, which might explain why it could penetrate the aluminum hull of the ferry and cause a long gash.

"It raises a number of important questions on a systemic level," the judges said, adding that the coroner's court should investigate whether the shipyard that had built Sea Smooth had obtained approval from the Marine Department for such a design or whether the department had discovered it and taken any measures.

The judges added that Lamma IV's coaming, which is used in vessels to prevent water from entering, was too low, a factor that was also related to the victims' deaths.

The coroner's court should also investigate whether the shipyard had inspected Lamma IV's bulkhead annually or biannually, and whether the crews' long working hours in the passenger ferry industry was at all related to the incident.

"The systemic questions need to be examined in public so as to expose any further systemic deficiency in the Marine Department's process for approving, certifying and surveying of passenger vessels that had not yet been discovered by the commission of inquiry.

Such findings will most probably enable the coroner or the jury to make further recommendations to prevent similar deaths in the future, on how to address any further systemic deficiency in the Marine Department, and on maritime safety generally," the judges said.

"Given its public nature and hence transparency, which differs from the [government's] internal investigation, [a public examination] may help enhance the accountability of and public confidence in the governance of the Marine Department."

The judges also expressed 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."