Lamma ferry victims urged to seek out-of-court compensation by judge
Judge tells those claiming damages over the 2012 ferry crash they are likely to get more money if they seek out-of-court compensation
A judge yesterday encouraged victims of the 2012 Lamma ferry tragedy to seek out-of-court settlements as they were more likely to receive higher compensation.
High Court judge Mr Justice Mohan Bharwaney said he had received 12 personal injury claims filed by passengers and relatives of those who died in the ferry collision on October 1, 2012. They seek damages from the two ferry companies, the two skippers, the Marine Department and the Department of Justice.
On October 1, 2012, the Hong Kong and Kowloon Ferry catamaran Sea Smooth crashed into the Hongkong Electric ferry Lamma IV, which was taking passengers to view a National Day fireworks display. Thirty-nine Lamma IV passengers died, including eight children, and injuring a total of 92 on both boats.
Bharwaney asked lawyers representing the claimants to "engage in meaningful negotiation with the two ferry companies". And he said: "Settlements produce a larger amount of money that goes into the pockets of the plaintiffs."
Solicitor Jason Toms, who represents Hongkong Electric, said the company was open to settlements. The court heard that the power firm had settled 70 claims so far.
It also heard that Sea Smooth captain Lai Sai-ming would appeal against his sentence after he was jailed in February for eight years for manslaughter and endangering the safety of others at sea. Lamma IV skipper Chow Chi-wai received a nine-month sentence for endangering the safety of others at sea.
Joining the hearing was barrister Raymond Leung Wai-man SC, for the Department of Justice. He said the department would release the report on its investigation to the current claimants.
Leung also indicated that the department would launch civil proceedings against Lamma IV builder Cheoy Lee Shipyards.
The judge also floated two options for how to proceed with the cases: he said the parties could consider consolidating all the liability cases; or having one test case with all parties agreeing to abide by its outcome.
Adjourning the cases to May 29 for a second review hearing, Bharwaney ordered that no further expenditure should be incurred in preparing the cases unless further directions were given by the court. He also asked the plaintiffs to put off serving their statement of claims until further direction was given.
