Ferry captain sentenced for 'other people's wrongdoings': Lawyer

Updated: 2015-11-04 07:47

By Kahon Chan in Hong Kong(HK Edition)

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 Ferry captain sentenced for 'other people's wrongdoings': Lawyer

Ferry skipper Lai Sai-ming, who was sentenced to eight years in prison earlier this year for the manslaughter of 39 passengers who died in the Lamma Island ferry collision in October 2012, appears at the High Court on Tuesday. Lai is appealing against his jail sentence. Provided to China Daily

High-speed ferry captain Lai Sai-ming, who failed to observe basic navigation rules and let his vessel hit a leisure cruise off Lamma Island, told an appeal court he was given an eight-year jail sentence partly because of the wrongdoings of other people.

The 56-year-old was the skipper of the Hong Kong and Kowloon Ferry's Sea Smooth on Oct 1, 2012 when it collided with Lamma IV. Thirty-nine lives were lost on Lamma IV. Skippers from both vessels were charged with 39 counts of manslaughter and endangering the safety of others.

Chow Chi-wai, the captain of Lamma IV, was convicted of the endangering safety charge by a jury and sentenced to nine months in prison. Lai, found guilty of both charges, was sentenced by trial judge Justice Brian Keith to eight years in prison. The Court of Appeal on Tuesday heard Lai's appeal against the sentence.

Lai allegedly failed to keep an adequate look-out while navigating the vessel. He also steered the catamaran to the left ahead of the collision, while the common rule is to turn it to the right. His barrister, Chyvette Ip Tin-wai, argued that while Lai accepted responsibility for gross negligence, the sentence did not fairly reflect the level of his culpability.

Ferry captain sentenced for 'other people's wrongdoings': Lawyer

"Lai should be sentenced for the damage he caused - and not sentenced for the consequences of other people's misdeeds," she told the court. The defense lawyer again cited evidence from witnesses saying that without a construction fault in the water-tight compartments of Lamma IV the vessel might not have sunk so quickly.

She suggested Lai should be given 18 months' imprisonment based on a maritime accident which killed two people.

But this was challenged by the appeal judges. Justice Ian McWalters said that even if a person could not foresee the exact number of people who could be killed, it was clear that negligence when captaining a vessel would result in multiple deaths.

Fellow judge Justice Andrew Macrae said he would also consider the element of deterrence in the ruling.

But Chyvette Ip dismissed the need for deterrence, arguing that maritime accidents were not common. She said there is "no suggestion that many ferries navigate in a manner the way bus drivers do".

Macrae replied that Lai's style as a skipper was "like driving his boat on train lines".

The prosecution counsel also argued that it would be "highly relevant" to apply deterrence to Lai's sentence because Sea Smooth was a high-speed ferry.

The two judges reserved judgment after the half-day hearing. Chow has not lodged an appeal against his nine-month imprisonment term.

Meanwhile, the families of victims and survivors of the tragedy have turned their attention to 17 current and former marine officials. They have been identified by an independent commission of inquiry as being responsible for the safety of Lamma IV.

Two officials were arrested in March for committing perjury during inquiry hearings. But the Department of Justice in September told the families that there was not enough evidence to press charges.

kahon@chinadailyhk.com

(HK Edition 11/04/2015 page7)