Chances are, none of the hundreds of thousands of people who lined up
both sides of the Victoria Harbour to watch the National Day fireworks had any
idea that a heart wrenching tragedy had just unfolded less than 45 minutes ago
at Lamma Island, just off the Yung Shu Wan Pier. Whether the authorities should have stopped
the fireworks perhaps is an academic question now but many are sure if they
knew of the disaster, they would have turned away from the celebration. There
was an unashamed outpouring of collective grief and emotions the next day and, I’m
sure, in the days to come. But after all
the bodies are counted and all the heart breaking stories told, many will ask, “What
now?”
The Chief Executive, for a change, acted swiftly and ordered an inquiry
under the Commissions of Inquiry Ordinance to look into the tragic accident as
many questions began to surface. Questions like, why, how, who’s to blame, are
bound to exercise our minds for some time to come. But those who are familiar
with marine accidents will ask a slightly different question, “Why not a Marine
Court?”
Let me try to explain the difference. There are many powers available to
the Chief Executive in ordering inquiries under many different laws in Hong
Kong. One is the power under the Merchant Shipping Ordinance to order a Marine
Court. A Marine Court may be ordered
where there was loss of life by reason of any marine casualty within Hong Kong
waters. A Marine Court is usually
comprised of a Judge sitting with two or more assessors who are masters of Hong
Kong mercantile marine or persons of nautical, engineering or other special
skill or knowledge. In other words, it
is a more specialized court better equipped to look into sea disasters.
There is a further difference. A Marine
Court is by law empowered to make investigations as to charges of incompetency
or misconduct on the part of ship masters, and if necessary, to make orders
affecting the certificates of the master or masters concerned. Since the Marine Court has power to make
orders affecting the master, there is also a right of appeal to either the High
Court or the Court of Appeal.
In the case of a public inquiry under the Commissions of Inquiry Ordinance,
the powers are less wide, nor as focused. Any findings made by the Commissioner
will be reported to the Chief Executive and he will then make a decision as to
how to follow up with the findings of the Inquiry. For example, if the Commissioner finds that a
master is at fault in causing the accident, all that he could do is to
recommend either the master be prosecuted or face charges in a Marine Court and
thus further judicial proceedings will have to follow. However, the more pressing concern is unless
the commissioner, who will inevitably be a Judge, is properly assisted by
people with special nautical skills and experience, he may not be able to come
to a just finding of the rights and wrongs of the masters involved. This is because Admiralty Law is a very
specialized subject and most judges just don’t have that kind of special
training to be fully conversant with this branch of the law.
You may say finding out precisely what caused the collision and who was
to blame would not bring back the dead or undo the injury and damage already
inflicted on the victims of the disaster.
That is certainly correct. But a
proper inquiry will lay down important markers to ensure similar incidents do
not occur again. More importantly, it
may prevent other innocent lives from being taken away from their beloved
families in the future. History must not
be allowed to repeat itself again. We
owe it not only to the families of the dead and injured, but also to ourselves
to fully investigate this terrible disaster and find ways to improve our safety
record at sea in or around our waters.
The crucial point is perhaps not so much about what process to take, but
how best to take it. I hope those in
power will understand this simple message.