Hong Kong court clears captain of Singapore-flagged cargo vessel of fraud over false Covid-19 declaration
- Magistrate rules there is insufficient evidence the captain intended to con Hong Kong authorities out of free Covid-19 care by concealing his crew’s health status
- Making a false declaration when applying to enter port is not a crime in and of itself, he adds
The captain of a Singapore-flagged cargo vessel has been cleared of fraud after a magistrate found insufficient evidence that he had intended to con Hong Kong authorities out of free Covid-19 treatment by concealing his crew members’ health status.
In acquitting Ekarat Timwatthana at Kwun Tong Court on Tuesday, Magistrate Joseph To Ho-shing observed there was a loophole in the city’s legislation allowing ship captains to avoid criminal sanctions for false statements made when applying for a licence to enter Hong Kong’s waters.
Timwatthana, 53, went on trial earlier this month for allegedly deceiving health officials when he applied for a “free pratique”, or permission for a vessel to enter port, for his bulker to cross the city’s border on August 24, 2021.
The Thai national stated that nobody on board the Singapore-flagged Thor Monadic had fallen ill since its departure from Indonesia three weeks earlier.
It was later revealed the ship had been denied entry at two ports in mainland China prior to its arrival in Hong Kong because some of its crew had displayed Covid-19 symptoms.
Fifteen out of the 23 crew members, including the captain, eventually tested positive in Hong Kong for the virus, costing health authorities more than HK$1.1 million (US$140,535) in tests and inpatient care. Most of the fees were later settled by the ship’s owner in Singapore.
Despite Timwatthana’s false representations, To said he could not ascertain the defendant’s subjective intention was to defraud, noting he could have still received medical attention by honestly disclosing the health conditions of those on board.
“If any of the crew members were found to have Covid-19, it would have been unimaginable if health authorities withheld necessary treatment from them,” To said. “To do so would have earned Hong Kong a bad reputation as being inhumane. Hong Kong is a free port.”
The magistrate noted Timwatthana could not be penalised over the bogus claims he had made, as it was not an offence to provide false information in an application for a free pratique. He called on authorities to consider ways to plug the loophole.
Fraud is punishable by up to two years when it is the only charge tried before a magistrate.
