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The KMB double-decker bus overturned in Tai Wai shortly before midnight on November 18. Photo: Felix Wong

Letters | When bus crashes prove deadly, shouldn’t operators also face criminal responsibility?

  • Readers discuss deadly bus accidents in Hong Kong and how to prevent them, propose how schools can better tackle obesity, and thank ambulance crew
A double-decker bus flips in Tai Wai, leaving one dead and 11 others injured, and much of the focus seems to be on the provision and wearing of seat belts on the upper deck instead of the deeper reasons the accident happened.
This is not an isolated incident. In 2017, another double-decker bus went off course near Sham Shui Po and mounted the pavement, killing three people and injuring 31 others. Labour unions at the time raised concerns over driver fatigue and working conditions, which remain valid issues.
Search any database and you can find many accidents involving franchised buses. The drivers cannot shirk their responsibility but what about their employers? Should they not also be held responsible? Have they provided adequate training? Are they drawing up schedules mindful of driver fatigue? Are drivers rewarded with rest time if they rush back to the terminus earlier? Are they penalised when they run late because of traffic conditions?

Like others involved in deadly accidents, the driver in the latest incident faces criminal charges. The bus companies, however, face civil liabilities that will be covered by insurance. It is time to explore if bus companies and their management should be subject to criminal responsibility – something that may require legal reform and changes to the law.

The government should recognise that it needs a bigger stick to wield against bus operators. Meanwhile, isn’t it high time for an independently commissioned report on the deeper issues with bus companies, and how their relationship with their drivers might be contributing to lethal accidents?

Mohan Datwani, Quarry Bay

Bad driving is not the only danger

Can the November 18 flipping of yet another KMB double-decker bus be considered dangerous driving?

According to Road Traffic Offences in Hong Kong, in the case of R vs Conteh: “The court … emphasised that what is important is to keep firmly in mind, however tragic the outcome, the high threshold required to establish dangerous driving.” But in the case of the Hong Kong Special Administrative Region vs Chan Yau, the judge “was of the view … that there is no reason why even a momentary driving event could not properly be considered dangerous”.

The courts are certainly divided.

Traffic collision investigations must take a two-pronged approach to establish causes of both the collision and the fatality.

In the first, police believed that the driver had changed lanes too late and hit a road barrier. Why? Was he distracted? With CCTV and the black box, this can be investigated.

What caused the fatality? The bus flipping on its side? Or was it a road engineering fault, in that road dividers should have been built differently? This six-year-old bus was already in service before the 2018 Tai Po bus accident, one of Hong Kong’s deadliest, in which another KMB bus flipped and 19 people died.

Fatal minibus accident a wake-up call on seat belt requirements

The lack of seat belts has been identified as a major concern, and deaths might have been prevented had seat belts been installed and used. With CCTV monitoring both the upper and lower decks, surely the dynamics of passengers in such a collision can be observed and lessons learned.

It is worth noting that by the end of last year, KMB had 1,163 buses to be retrofitted with seat belts but only managed to do so with 72.

Neil Dunn, Kowloon Tong

Track schools’ progress in fight against child obesity

To address obesity among primary schoolchildren, the government launched the StartSmart programme in 2011. Aiming to reduce sugar consumption and encourage physical exercise among kindergarten children, the programme promotes the importance of healthy eating to students and parents.

Over 600 kindergartens are in the programme, and more than 400 kindergartens have also signed a charter to stop offering sugary drinks on campus.

To assess the programme’s efficacy, it would be helpful to track changes in the children’s body mass index from the start of kindergarten to when they leave for primary school. Currently, the government releases overweight and obesity data for four-year old children, and for primary schoolchildren but with no age breakdown. We urge the Department of Health to publish more detailed information so the public can better understand the problem of childhood obesity.

Healthy eating in schools can’t be left to guidelines on paper

Parents make major dietary and lifestyle decisions for their children. It is not enough for kindergartens and schools to educate parents about healthy eating and lifestyles. Cases of overweight and obese schoolchildren should be flagged and supported by the collective efforts of parents, school staff and health-care professionals.

The Family Health Service of the Department of Health keeps records of schoolchildren’s weight, height and BMI but without identifying their school or kindergarten. The government should compile data on child obesity to assess and rank kindergartens and schools on their success in keeping their children healthy. The school administrators and parents will then have more incentive to reduce obesity by bringing about behavioural changes in the children.

Yeping Gu and Yu Guo, Kowloon Tong

Thanks to ambulance staff

On November 22, I had to call an ambulance for my husband who was very unwell. I would like to express my utmost thanks and gratitude to the ambulance officers of A238 who attended to my husband with such professionalism and kindness, and made me feel that my husband was in good hands as we rode to Queen Mary Hospital. Thank you to everyone involved, including the person on the switchboard.

Vivienne Lee, Island South

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