Coroner’s Verdict in the Lamma IV / Sea Smooth Tragedy: 39 Unlawful Killings Found
The Coroner’s Court has delivered its Verdict in the inquest arising from the collision between Lamma IV and Sea Smooth on 1 October 2012, a tragedy in which 39 people lost their lives.
In the Verdict, the Coroner returned a conclusion of “Unlawful Killing” in respect of each of the 39 deceased. The Verdict explains that where death results from conduct amounting to manslaughter by gross negligence, the appropriate short-form conclusion is unlawful killing. In this case, the Coroner relied on the evidential foundation arising from the criminal convictions of the coxswains in relation to the collision.
The inquest examined not only the circumstances of the collision, but also broader issues of safety regulation and oversight. In a detailed analysis, the Verdict identifies serious deficiencies in relevant approval and safety processes, including circumstances where assumptions replaced confirmation and where key requirements were not properly applied. In particular, the inquest examined the significance of the “0.1L Rule”, and the role of verification in stability and compliance assessments.
Crucially, the Coroner found that following modifications in 1998 (including the addition of lead ballast), Lamma IV became non-compliant, yet continued in passenger service under what the Verdict describes as a mistaken assurance that the vessel continued to comply with the one-compartment flooding standard after the modification, allowing the vessel to operate under a false assurance of safety.
The Coroner also directed that a matter be referred to the Department of Justice arising from a serious inconsistency identified in evidence given during the inquest by a Senior Surveyor of Ships, when compared with his earlier statement and evidence given in 2013.
The Verdict addresses multiple issues identified for determination and makes recommendations aimed at preventing recurrence, directed to stakeholders including (among others) the Marine Department, shipyards involved in the construction of relevant classes of vessels, and operators connected with the vessel’s service and operations.
The legal path to the inquest
The Verdict also recalls the legal path that led to the inquest being convened.
In earlier years, an inquest was initially not opened on the basis that previous inquiries had already covered sufficient ground. Acting pro bono for families affected by the tragedy, our firm applied to the High Court seeking an order to convene a death inquest. Although the application was refused at first instance, we pursued an appeal and ultimately succeeded.
The inquest was convened pursuant to the Court of Appeal’s order of 26 July 2023 in Leung Shuk Ling & Ors v Coroner [2023] 4 HKLRD 264.
We acted for seven of the Next of Kin of the deceased in the inquest.
Our team, Jonathan Man, Mr Yau Kwok Hei, and Nicole Ng handled the case.
Link to the Verdict.
