Read the full judgment text of HCMP 773/2022 on BabelCite. This Court of First Instance judgment was delivered on 24 November 2022 before Coleman J.
Coroners – application under s.20(1)(a) of the Coroners Ordinance (Cap 504) for an order that a death inquest be held – collision between Lamma IV and Sea Smooth on 1 October 2012 – 39 deaths and 97 casualties – deadliest shipping accident in Hong Kong since 1971 – Commission of Inquiry appointed under Commissions of Inquiry Ordinance (Cap 86) – 50-day inquiry hearing 113 witnesses – COI Report identifying human errors of the two coxswains, non-watertight bulkhead between the Tank Room and Steering Gear Compartment, erroneous Damage Stability calculation, improperly secured seats and benches, difficulties in retrieving/donning adult lifejackets and absence of child lifejackets – 13 recommendations made – criminal prosecution of two coxswains (convicted of manslaughter and/or endangering lives at sea) and two MD officers (one convicted of perjury) – THB internal investigation finding 17 of 55 MD officers to have misconducted themselves with 13 subjected to disciplinary action – Police Death Investigation Report recommending a death inquest – Coroner declining to hold an inquest and recording unlawful killing – Secretary for Justice declining to invoke s.17 – whether the procedural obligations under Article 28 of the Basic Law and Article 2 of the Hong Kong Bill of Rights require a public inquest into individual MD officers' conduct – whether 'how' in s.27(b) of the Ordinance should be broadly construed as 'by what means and in what circumstances' – 'in so far as they may be ascertained' – public interest as the ultimate yardstick – application dismissed with no order as to costs – whether the Court is reviewing the Coroner's decision or considering the matter de novo – Sony Rai v Coroner [2011] 2 HKLRD 245 followed – R (Middleton) v West Somerset Coroner [2004] 2AC 182 and R (Smith) v Oxfordshire Assistant Deputy Coroner [2011] 1 AC 1 applied – Imelda Quinto Abong v Coroner [2021] 2 HKLRD 607 followed – Secretary for Justice v William Ng Esq, a Coroner (unreported, HCMP 690/2009, 16 November 2010) applied – bulkhead construction and Damage Stability calculation – new evidence from Mr Cheng of Vanzon, Mr Fung of Cheoy Lee, Mr Laizaola, and Mr KC Tan – 2007 Regulation on child lifejackets – long working hours of seafarers – 0.1L Rule – AIS – VHF Radio – MAISSPB – MSC. 255(84) – application dismissed.
Legal issues: Whether a death inquest ought to be held under s.20(1)(a) of the Coroners Ordinance · Whether further investigation into MD officers is required to discharge the procedural obligations under BL 28 and BOR 2 · Whether new evidence on systemic deficiencies (seafarer working hours) warrants an inquest for further recommendations
Outcome: Application under s.20(1)(a) of the Coroners Ordinance dismissed; the Court held that a death inquest ought not to be held.
Cited by 1 case · Cites 1 case