Sunday, 22 November 2020

No Inquiry into Worst Martime Disaster in 40 Years

The Lamma IV filled with water and sank, killing 39 people

On the evening of October 1, 2012, colourful fireworks exploded in the sky above Victoria Harbour to celebrate National Day. 

But about half an hour before the pyrotechnics display, the night went horribly wrong, as 39 people lost their lives in the water, including eight children after two ships collided, making it the worst maritime disaster in Hong Kong in 40 years.

At around 8.20pm, a regular ferry that goes between Central and Lamma, called Sea Smooth, crashed into Lamma IV, a Hongkong Electric Company vessel that was on its way to Central to watch the fireworks following a tour of the power station on Lamma, thus many families were on board.

Victims' families want an inquiry into collision
The crash ruptured two water-tight compartments on Lamma IV, causing the ship to quickly fill with water and sink. More than 100 of the 121 passengers were thrown overboard without wearing life vests, while the Sea Smooth continued on its way to Lamma Island, with some of its passengers including the captain were injured. In total 92 people were injured from both ships.

There was criticism of the captain of the Sea Smooth for leaving the site of the accident and not offering to help rescue Lamma IV passengers; others say there were concerns the Sea Smooth should quickly make its way to Lamma out of fears it might sink. After being discharged from the hospital, the captain was emotionally unstable. 

The Sea Smooth captain was sentenced to eight years in prison for the deaths, while the Lamma IV captain was acquitted of manslaughter, but found guilty of endangering the safety of others at sea.

A commission of inquiry was submitted to the government in 2013, which found there were "serious systemic failings" with the Marine Department that added to the tragedy.

James To is pushing for the Coroner to reconsider
But now eight years later, the Coroner's Court has told families of the victims it will not investigate into the tragedy but did not disclose the reasons publicly.

James To Kun-sun, a Democratic Party lawmaker, has been assisting the families, said he was shocked by the coroner's decision.

"As the Lamma ferry crash was an unprecedented marine accident in Hong Kong... an inquest should be opened to give family members and the public the truth."

He said the inquest would let the public know about the details of investigations by the police and the Marine Department, which were carried out after the commission of inquiry. 

To added it was unfair for the victims' family members to lose the right of cross-examination, which would have helped pursue the truth behind the accident.

Eight children died in the disaster in 2012

"An inquest is the only opportunity for victims' relatives to receive relevant [investigation] documents, make cross-examinations and seek the truth," To said.

The families were dealt another blow when the Department of Justice said earlier this month it would no longer initiate prosecutions over the crash.

As a result the victims' relatives may file private prosecutions against those responsible for the crash.

It is strange the Coroner's Court is not pursuing an inquiry -- the public needs to know what happened in this disaster and to prevent it from happening again. Perhaps the Marine Department feels enough punishment was meted out at the time, with 17 of its officers found guilty of misconduct and disciplined by the Civil Service Bureau. 

But this was the worst maritime disaster since 1971 -- and involved eight children.  Surely it deserves a comprehensive inquiry?

The horrific collision led to many families registering their children to learn how to swim -- eight years on, is this still a skill in demand?

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