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A-G set to give order today on inquest

Mark Hughes

THE Attorney-General, Jeremy Mathews, is today expected to order the reopening of the inquest into the deaths of two workers in the Castle Peak power station explosion.

The decision would apparently mean that details of a controversial secret report on the blast will become public.

The dramatic twist in the saga of the Castle Peak blast is a serious blow for the power station's owners, the Castle Peak Power Company Ltd (CAPCO).

CAPCO had lobbied hard to prevent the inquest from being reopened. It had also sought to keep one of its reports into the explosion confidential.

Under laws which define the role of inquests, a coroner can order the disclosure of any evidence he considers relevant to the case.

Failure to comply could result in the imprisonment and/or fining of the offending party.

The only obstacle would be if the evidence in question was protected by legal privilege. Legal advice sought by the South China Morning Post indicates there would not be any such privilege.

CAPCO, which is owned by China Light and Power (CLP) and Exxon Energy Ltd, is the only party lobbying to prevent the inquest from being reopened.

On Friday it broke its silence on claims that it drew up different findings into the fatal explosion by admitting it had commissioned so-called ''blue'' and ''red'' reports.

Allegations were made that the blue report was kept confidential because it contained information on ''inadequate and improper maintenance and training''. It has been suggested that the red report, which was made public, was ''sanitised'' and omitted this information.

The company said there was nothing sinister in the blue report but that it would not be made available to a reopened inquest. In a statement to the press, it said the blue report enjoyed the protection of privilege and thus its publication could be prevented.

But legal sources suggest otherwise and that any attempt to insist on privacy through privilege would be strongly resisted. They cited the Coroners' Ordinance which grants power to a coroner to summon any witness to give any relevant evidence at an inquest and to order the release of any documents which would help a jury reach a fair verdict.

A potential witness of special interest in a reopened inquest would be Michael Ford, who is suing CAPCO in a Texas court for US$125 million (about HK$969 million) in damages after being sacked as barrister by the company during the early stages of the initial inquest.

His allegations in a petition to the Texas court about the existence and contents of the blue report prompted Coroner Warner Banks, who headed the initial inquest, to recommend that the hearing be reopened.

But legal sources argue that Mr Banks would be unlikely to call Mr Ford as a witness at a reopened inquest because Mr Ford is bound under the principle of client confidentiality not to disclose information he has learned about his employers in the courseof acting for them.

They argue that would not prevent Mr Banks from calling for any documentary evidence, such as the blue report, if he believed it would be relevant to the case.

Mr Banks, who would most likely be appointed to head a reopened inquest, declined to discuss what evidence and witnesses he would want to call.

The Attorney-General has been deliberating on whether to accept Mr Banks' recommendation since last Tuesday.

A spokesman for his office said he had to consider the legal position and all representations made to him.

Mr Mathews has been lobbied by the wife of one of the blast victims and by CAPCO representatives, who on Thursday submitted a 15-centimetre thick document to him stating their position on the issue.

Legislative councillors have also called for the inquest to be reopened.

Meanwhile, the solicitor representing Mr Ford will seek clarification from a judge in chambers today over a wide-ranging injunction taken out by CAPCO which prevents Mr Ford from discussing the case and even, reportedly, from fully briefing his lawyer.

At the original inquest into last August's explosion, the jury returned verdicts of accidental death on CAPCO employees Wong Kwong-yu, 38, and Yip Ka-pui, 40.

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