Ship cleared of blame in deadly crash

OWNERS of a Hong Kong ship wrongly blamed for causing six deaths in a collision with a mainland security vessel have won a seven-year battle for justice with a landmark ruling by the mainland's highest court.

But delays to the case mean victims' families will be unable to claim millions of dollars in compensation.

A mainland border guard and five civilians were killed when a ship was in collision with the 155-tonne Shan Wei early on November 25, 1992.

They had been trying to board a vessel they suspected of smuggling when their boat, a commandeered fishing vessel, was rammed 27km southwest of Waglan Island.

Rescue teams from Hong Kong saved 15 others from drowning.

The name of Worlder Shipping's container ship, Trade Expansion, was given to the Guangzhou Maritime Superintendent Bureau two days later by the Marine Department, which was unaware that another ship had been in the area.

An inquiry by mainland authorities pinned the blame on the Trade Expansion, a decision upheld by two mainland courts.

But a South China Morning Post investigation four years ago showed that the Trade Expansion was almost certainly innocent, and revealed that the Qatar-registered Bar'zan, had been involved in a collision in the area at the time.

Last week, the Supreme Court ruled that the Trade Expansion was not involved. It could not rule out that the Bar'zan was the culprit.

Wang Ruizong, who represented Worlder Shipping in court against compensation claims totalling US$1.2 million (HK$9.3 million), said the decision was a boost for Hong Kong shipping.

'This is the first time in a maritime case the Supreme Court has used experts to seek the truth and it will set an example to the lower courts,' he said.

'The implication that the Trade Expansion was involved in smuggling has been proved wrong.

'Unfortunately, any claims by the victims' families against the actual ship involved will now fail because the case is 'time barred' - collision claims must be lodged within two years. All they can hope for now is government assistance.' Arthur Bowring, director of the Hong Kong Shipowners' Association, said the decision was good news.

'We have been trying to encourage more openness and transparency in the investigation of incidents by mainland authorities, and things are changing.' Director of Marine Tsui Shung-yiu said: 'We supplied information based on what we were asked for and it was up to the investigating authorities to carry out their inquiries.'