Hong Kong official’s failure to implement life jacket law amounted to serious misconduct, court hears
Assistant marine director So Ping-chi faces a charge of misconduct in public office; Lamma ferry disaster probe findings will not be cited in trial
A senior Marine Department official’s failure to ensure there were enough life jackets on vessels inspected by his team amounted to serious misconduct, the District Court heard on Tuesday.
The court formally began hearing the case of So Ping-chi, an assistant director at the department, after it ruled that an internal probe into the official following the Lamma ferry disaster of 2012 would not be considered as evidence against him in the current misconduct trial.
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So is charged with one count of misconduct in public office, as he allegedly instructed his inspectors not to enforce a new law setting the required number of children’s life jackets needed on passenger vessels when he was a principal surveyor of ships from April 2007 to March 2013. He is also accused of failing to rescind that instruction.
In his opening statement, Andrew Bruce SC, for the prosecution, told the court that So’s behaviour amounted to serious misconduct in law, and that it was without reasonable excuse or justification.
The case would be dealt with separately from the Lamma collision that cost 39 lives, the prosecution said.
On the first day of the formal hearing, the prosecution focused on determining whether there was any difference in ship inspection procedures at the Marine Department after the law relating to the provision of life jackets was introduced in 2007.
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Au Yeung Chun-tak, a retired chief shipping inspector, told the court that ship inspectors needed to provide more information about the conditions of checked vessels after the law came into effect.
Instead of writing “simple notes”, inspectors were required to fill in detailed survey forms, Au Yeung said.
He added that ships in service for a longer time were required to undergo more rigourous checks, including examination of their fire safety systems.
Life-saving appliances and navigation equipment on a ship would also be inspected, Au Yeung said.
The department, according to the veteran inspector, would not take the initiative to ask shipowners to make an application for ship inspection, despite the fact that all vessels required annual checks.
Senior staff would not regularly review inspection reports, he said.
The trial continues before District Court judge Douglas Yau Tak-hong on Wednesday.
