Verdicts a boost to claims by victims and relatives
For the dozens of victims and relatives seeking redress, Saturday's verdicts come as strong proof of negligence in favour of their claims in the courts, a lawmaker assisting them said.
For the dozens of victims and relatives seeking redress, yesterday's verdicts come as strong proof of negligence in favour of their claims in the courts, a lawmaker assisting them said.
James To Kun-sun, of the Democratic Party, said a logical approach would be to pursue the case against all possible parties.
That was not limited to the two captains, but also the passenger carrier Hong Kong and Kowloon Ferry, Hongkong Electric that owned the other vessel, as well as the government as the monitor of maritime safety.
The verdicts ease the burden to sue as the court no longer needs to establish responsibility on the part of the captains, but only has to decide the quantum.
While it may be more sensible financially to sue the ferry owners than the individuals, the legal strength may be the other way around, he said.
"The fact that the argument against the captains is strong does not necessarily mean a strong case against the companies," To said.
Using a hypothetical case involving a car company, he explained: "It hires a driver to drive a car; it doesn't hire him to kill.
"There should be different strategies against the captains and the companies,."
The lawyer-lawmaker said the court would take into account the common law doctrine of vicarious liability, under which a superior bears the responsibility of the acts of their subordinate, who acts as an agent.
Financially, the government and Hongkong Electric - part of the conglomerate of Asia's richest man Li Ka-shing - were the most appropriate parties to seek redress from, said To, who was not part of the six-strong legal team for the victims.
There might be the possibility for tycoon Li - whom To said was "highly concerned" about the tragedy - to award compensation ahead of a lawsuit.
Chan Kin-por, lawmaker for the insurance sector, said any claims against companies should be well covered by the insurance companies.
In case the insurance sums failed to pay off the whole compensation - which Chan said was unlikely - the companies' assets would be at stake.
Families of the deceased or an older injured person would be compensated less than, for example, a young professional in a coma, according to both lawmakers.
Chan added: "This case is like no others in the scale of severity in terms of the local insurance sector."
