Opinion | Culpability for Lamma ferry crash must be properly shared
Philip Bowring says it's inexplicable that the exposure of a litany of faults in the building and safe operation of the boats involved in the Lamma ferry crash has not led to more prosecutions
The report of the inquiry into the Lamma ferry tragedy calls for congratulations but also misgivings. Congratulations because the report - 186 pages plus 82 pages of appendices - is an admirably clear summary of an inquiry which had 113 witnesses and was provided with a mass of expert evidence.
Its conclusions, other than those relating to the crew members of the vessels involved, the Lamma IV and the Sea Smooth, do not shrink from using direct language. Its comments on the Marine Department in particular pull no punches.
The misgivings arise from the fact that the conclusions relating to the coxswains of the two vessels have been redacted as the individuals have been charged. That has been done in order not to prejudice their trials, which seems reasonable in principle but raises the issue of why none of the others concerned, some of whom can be identified in the report and others who could be identified if the matter was pursued, have been prosecuted.
Are we to assume that they now cannot be prosecuted because trials would be prejudiced by what is in the report? One has to begin to wonder whether anyone in the Marine Department, Hongkong Electric or those involved in the design, building and modification of the Lamma IV will be prosecuted. Are they being enabled to hide behind departmental or corporate veils?
It would not be the first time that a few individuals have been made scapegoats so that the misdeeds of others can be, if not buried, at least not subject to criminal prosecution.
One may anyway question why the conclusions on the crew needed to be redacted given the evidence produced at the inquiry and summarised in the report. It placed most, but not all, of the blame for the collision on the Sea Smooth, whose last-minute attempt to turn to starboard (the collision-avoidance rule) was "just so late … it wasn't a practical collision-avoidance option", according to Captain Nigel Pryke, the master mariner who assisted the inquiry and made a detailed report on the navigational issues.
Responsibility for deaths in accidents do not necessarily accrue only to those immediately responsible for a collision but to those responsible for the overall safe operation of a vessel. Accidents do happen, whether the result of gross negligence, carelessness or "acts of god" beyond human control. The purpose of ship design and operation regulations is to minimise casualties when accidents occur.