Sea Smooth sailors lose counsel in Lamma ferry inquiry

The legal team for the owner and crew of the ferry Sea Smooth at the inquiry into the Lamma sea tragedy has withdrawn from representing the coxswain, engineer and two sailors, citing a potential conflict of interest.

The withdrawal of the team led by Charles Sussex SC, came part-way through the testimony of key witness Lai Sai-ming, coxswain of the ferry involved in the collision with the Hongkong Electric launch Lamma IV at the cost of 39 lives.

Sussex told the commission of inquiry at the start of Monday's hearing he had received information that could lead to a conflict of interest if he continued to represent both Hong Kong & Kowloon Ferry and the crew members, and applied to talk to Lai to clarify it.

"I have to clarify some instructions which I have obtained from other clients, and potentially I am put in a position of considerable professional embarrassment and it might lead to my having to cease to act," he said. He refused to disclose the information, citing professional privilege. "It has the potential result that I am seeking to advance a version of events which is irreconcilable as between different clients," he said.

Commission chairman Mr Justice Michael Lunn ruled that Sussex could not discuss the matter with Lai as the coxswain had begun giving his evidence.