Inquest into the Lamma ferry disaster offers overdue justice
- Relatives of those who died have waited long enough to hear the full truth about what happened and may finally be able to find closure
Hong Kong, with its famous harbour, free port and more than 250 islands, is inseparable from the sea. The city has a rich maritime history and boat trips are a feature of daily life.
It could be a short jaunt on the Star Ferry, a journey to the outlying islands or a pleasure cruise on a junk. Most trips are smooth, efficient and safe.
This is why the Lamma ferry disaster, on October 1, 2012, came as such a shock. Two passenger vessels collided on the night of the national day fireworks. It took less than two minutes for one of them, the Lamma IV, to sink. The tragedy cost 39 people, including eight young children, their lives.
The disaster raised a simple but fundamental question: How could this happen? Almost 11 years later, the full truth is still not known.
That should now change. The Court of Appeal has ordered a coroner’s inquest into the circumstances. This should have taken place long ago.
Instead, there was a public inquiry, several criminal trials, an internal government investigation and a police probe. The findings led a coroner, in 2020, to decide an inquest was unnecessary despite a police recommendation one be held. The grieving relatives of those who died were, understandably, not satisfied, believing the full picture has not emerged.
The court judgment reveals many questions remain unanswered. It also reminds us of the astonishing catalogue of blunders made by people involved with the vessels.
Multiple errors were made during the design, construction and surveying of the Lamma IV, the Commission of Inquiry found. It is a scandal the ferry was allowed to sail. The inquiry delivered its report in 2013, making 13 recommendations.
The coxswain of the Lamma IV was later jailed for nine months for endangering safety at sea. His counterpart on the Sea Smooth was given eight years’ jail for mass manslaughter. An assistant director with the Marine Department was also jailed, for misconduct in public office.
An internal government investigation then found a prima facie case of misconduct against 17 Marine Department officers. Disciplinary proceedings followed. But only a summary of that report has been made public, much to the frustration of the victims’ relatives. Also under wraps are the police death reports, which unearthed fresh evidence compelling enough to persuade the court an inquest is needed.
The public inquiry revealed the Lamma IV’s lack of a watertight bulkhead contributed to its rapid sinking. Damage stability checks on the vessel were repeatedly botched and seats not properly secured. Life jackets for children, required by regulations, were missing.
But new evidence raises further questions and, in some areas, conflicts with evidence at the inquiry. These issues require further investigation at the inquest.
They include the unresolved question of whether the shipyard that constructed the vessels knew the Lamma IV was supposed to have a watertight bulkhead.
Fresh concerns have arisen that the “coaming” on part of that ferry, designed to stop water seeping in, was at a lower level than required, contributing to its sinking.
Then there is the “credible evidence” suggesting the Sea Smooth might have had metal plating fitted, possibly explaining why it was able to penetrate the Lamma IV’s aluminium hull.
The working conditions of seafarers also require examination. They were not considered by the inquiry and police met with resistance when investigating the issue.
Holding an inquest so long after the disaster will not be easy. Some witnesses may have died and memories faded. But the proceedings are needed to ensure the victims’ families have a fair chance to examine the witnesses, to provide public scrutiny of the Marine Department officers and others involved, and to ensure we understand how this terrible tragedy occurred. This is the only way to be sure it will not happen again.
The relatives of those who died have waited long enough. They may never recover from the tragedy. But the inquest offers justice and might just bring them closure.
