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Thomas Chan

A jury will continue today to deliberate charges against the two captains involved in one of the city's worst sea tragedies, after failing to reach a verdict during more than nine hours of closed-door discussion yesterday.
The nine jurors broke for the night at 7.30pm yesterday.
Earlier, Mr Justice Brian Keith asked the jurors to try to reach a unanimous verdict on each of the total of 82 counts, including manslaughter and endangering the safety of others at sea.
If not, he said they had to reach majority verdicts, by the ratios of 7 to 2 or 8 to 1, to convict or acquit Hongkong Electric's Lamma IV skipper Chow Chi-wai and Hong Kong and Kowloon Ferry's Sea Smooth captain Lai Sai-ming of their charges.
"A verdict of 6 to 3 or 5 to 4 does not constitute a verdict," he said.
The pair have each pleaded not guilty to 39 counts each of manslaughter and two counts each of endangering the safety of others at sea.
During the trial, Chow and Lai pointed the finger at each other for causing the collision on National Day 2012 that claimed 39 lives, including eight children.
The prosecution team, led by Andrew Bruce SC, accused the two mariners of being "grossly negligent" in their navigation that contributed to the deaths. The pair allegedly breached the duty of care to their passengers by failing to keep a proper lookout, or to take any effective collision avoidance measures.
READ MORE: Decision to prosecute marine officials over Lamma ferry disaster ‘due by end of month’
On October 1, 2012, the Lamma IV was taking 124 passengers on an excursion to view fireworks in Victoria Harbour when it collided with the Sea Smooth, with 62 passengers on board.
Chow's legal team, however, tried to establish before the jury that his continuous efforts to avert the collision were cancelled out by the more manoeuvrable catamaran captained by Lai.
They asserted that the Lamma IV had turned right three times by about 50 degrees in accordance with the international collision regulations, while the Sea Smooth violated the rules and turned left by 21 degrees.
Lai's legal team argued that a missing watertight door could be the cause of the Lamma IV's rapid sinking. The heavy death toll could be due to loose chairs that fell when the passenger launch tilted upwards, and the difficulty to access lifejackets.


Return of National Day fireworks stirs painful memories of 2012 Lamma ferry disaster for Hong Kong families of victims, as long-awaited inquest looms

Inquest into the Lamma ferry disaster offers overdue justice

Inquest into 2012 Hong Kong ferry disaster a necessary step to bring closure

Coroner’s inquest into Hong Kong’s Lamma IV disaster must expose systemic issues, reveal full story of ferry crash, victims’ families say

Lamma ferry crash

Lamma ferry disaster jury retires to deliberate verdict on 39 counts of manslaughter

The Hongkong Electric ferry after the accident. Photo: Sam Tsang

Sea Smooth skipper Lai Sai-ming (left) and Lamma IV captain Chow Chi-wai have each pleaded not guilty to manslaughter and endangering the safety of others at sea. Photos: Edward Wong

Decision to prosecute marine officials over Lamma ferry disaster ‘due by end of month’

Sea Smooth, the ferry that collided with Hongkong Electrics' Lamma IV off Lamma Island in which 39 people were killed. Photo: Nora Tam

News

Hong Kong

A jury will continue today to deliberate charges against the two captains involved in one of the city's worst sea tragedies that left 39 people dead.
