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New CLP death progbe row

Mark Hughes

CHINA Light and Power yesterday became caught in another legal battle after refusing to hand over what it claims is a confidential accident report to a coroner.

In a case which bore an uncanny resemblance to that surrounding the explosion that killed two workers at the Castle Peak power station last year, the company claimed the findings of its internal investigations were secret.

The dramatic development came during an inquest into the death of Leung Moon-fu, 34.

Leung fell from a 13-metre pole which collapsed while he was dismantling part of a disused 11,000-volt overhead power line system at Fu Tei, Tuen Mun, on September 23 last year.

Leung, who suffered multiple injuries, was admitted to the Tuen Mun Hospital and died two weeks later.

His colleague, Wu Kun-kau, who was also up the pole at the time, suffered serious head injuries and has since lost his memory.

Coroner Warner Banks, who is also presiding over the re-opened inquest into the Castle Peak deaths, is to issue a summons against CLP, ordering it to produce the report into Leung's death, after the company refused to do so voluntarily.

Mr Banks said the inquisitorial nature of the Coroner's Court gave him wide powers to obtain documents.

Benjamin Yu, counsel for CLP, said it had no obligation to produce the report, which the company believed to be a privileged document.

CLP now has to file an affidavit for the court to consider whether that privilege exists. If Mr Banks decides it does not, it is not thought likely that the company will be able to prevent disclosure of its contents.

CLP has made similar claims about a document, known as the blue report, relating to the Castle Peak blast, saying that it is privileged and will not be handed over to the re-opened inquest.

This document was drawn up by CLP staff and experts who had been asked to investigate the cause of the explosion last August which killed employees Wong Kwong-yu, 38, and Yip Ka-pui, 40.

The blue report was kept secret by CLP, who produced another document, known as the red report, for the inspection of the coroner and jury at the original inquest into the deaths of Wong and Yip.

However, following the revelation of the existence of the second report, the Attorney-General, Jeremy Mathews, directed Mr Banks to re-open the inquest.

The South China Morning Post is prevented from revealing related information by an injunction taken out by CLP.

Mr Banks is now deliberating whether to recall the original jurors to ask them whether, in the light of new information, they feel their original verdicts of accidental death on Wong and Yip should be overturned.

Yesterday's inquest heard evidence from Cheung Chun-wah, a Labour Department factory inspector who investigated the incident.

He said one of Leung's colleagues accused Mr Wu of having changed job locations with another worker that day.

Mr Cheung added that he saw no sound reason for Mr Wu to have done that.

Since the key witness, Mr Wu, could not recall what had happened, Mr Cheung said the information in his report was gathered from supervisors and fellow workers.

''In my opinion, Wu's evidence is crucial for ascertaining the actual cause of the accident. Without his evidence and lacking a sound reason for exchanging the job locations, I am not able to draw any conclusions regarding the cause of the accident,'' hesaid.

But he said it was obvious the collapse of the pole was mainly due to the failure of the temporary stay used to hold it up.

The court heard that one of the two temporary stays was dismantled at the beginning of the job, leaving only one stay to balance the pole.

He said the temporary stay in question was converted from dismantled conductors which had not been tested by a competent examiner before use.

It would have been more desirable to use a purpose-constructed temporary stay, he added.

Since it appeared that Leung and Mr Wu had worked in locations not specified in the ''job instructions'', Mr Cheung recommended stricter control by the company over staff working in dangerous environments.

Mr Cheung also suggested that a refresher course be introduced for those carrying out similar tasks to update employees' theoretical and practical knowledge.

He further recommended that items which were to be used as temporary stays be tested and examined by a competent person before use and that each temporary stay be provided in direct line behind the conductors.

It was also suggested that the company's instructions should be fully observed and acted upon strictly by all workers.

Meanwhile, evidence is expected to be called regarding a piece of conductor which was found at the scene to ascertain whether it was part of the temporary stay attached to the pole.

Earlier, Mr Banks had ordered that the stay, which was in the possession of CLP, be made available to the court.

Mr Graham Rhead appeared as the coroner's officer, while lawyer Albert Ho appeared for the deceased's mother, Kwok Yau-lai, 62, and his younger brother, Leung Mun-hung, 32.

The inquest continues.

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