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?

Shying from Public Interest

The Hong Kong government is trying to sweep this incident under the carpet

At the beginning of April I wrote about the Hong Kong government is doing a terrible job archiving documents and how it was criticized by Archives Action Group chairman William Waung Sik-ying.

Well, he's at it again -- this time blasting the government on not wanting to release the full report into the Lamma ferry disaster in 2012 that killed 39 people.

The government only issued a summary of the 430-page report and did not give names of who were responsible for the collision.

Waung, a retired High Court judge, believes the victims and relatives of those killed could demand the full release of the report that will put pressure on officials to give a full public account. He said it was a matter of public interest.

"The government is quite incredibly still trying to avoid the evil day and is desperate to minimize its responsibility into the whole affair," he said. "I am disturbed... the government is taking the extraordinary position of not releasing the report, which is of course a matter of public interest."

Last year as the head of Archives Action Group, he lodged a complaint with the ombudsman arguing for better management of Marine Department records, and criticized comments by Secretary for Justice Rimsky Yuen Kwok-keung, who stressed confidentiality.

"The government's excuse of trying not the jeopardize possible future proceedings against the civil servants just does not wash," Waung said.

The report identifies 17 marine officials, including those at the directorate level, could be guilty of misconduct and "suspected criminality". The report has been passed on to the police for further investigation, and it also criticized the Marine Department's management for "highly unsatisfactory" record keeping.

Nevertheless the summary did not reveal the names of those possibly liable. The relatives are asking lawmakers to invite the powers and privileges laws of the Legislative Council to demand full disclosure.

Waung said the relatives may possibly get the full report by seeking legal aid and then launching a civil law suit against the government.

It has taken almost two years for the government to come out with this 430-page report -- and yet the public doesn't get to know exactly what happened and who is to blame. It has completely downplayed this tragic incident because it is to blame. But we as taxpayers have the right to know.

Hopefully the relatives will take Waung's advice and push the government to force its hand and reveal why this report is so sensitive that the public does not need to know.

What was supposed to be a happy occasion -- watching the National Day fireworks on a boat in Victoria Harbour turned into a disaster. We read stories of how children and people died, unable to evacuate the ferry fast enough because it was sinking so fast.

We need to know what happened and who is responsible so that we can try to ensure this does not happen again.

Surely the government does not want this incident repeated?