plaintiff: []
defendant: []
jurisdiction_code: HKCrC
jurisdiction_name: Coroner's Court of the Hong Kong Special Administrative Region
case_location:
- 香港特別行政區
- Hong Kong Special Administrative Region
case_reason: >-
  Next of kin of deceased passengers challenge findings of Coroner regarding deaths arising from maritime
  collision between Lamma IV and Sea Smooth on October 1, 2012, seeking reconsideration or new inq
case_object:
- deaths of 39 persons
judgment_result:
- charge: Plaintiff's claim for personal injury from assault (liability issue)
  result: Allowed. Court accepted plaintiff's testimony as credible, CCTV showed defendant struck first,
    defendant also admitted parts of the incident.
- charge: Medical expenses and distress damages quantum (quantum issue)
  result: Partially allowed. Awarded medical expenses HK$8,500 and general damages HK$20,000, totaling
    HK$28,500, with interest and costs.
judgment_summary: >-
  The case involves next of kin challenging a coroner's findings regarding deaths from a maritime collision
  between Lamma IV and Sea Smooth in 2012. The court assessed evidence, finding the defendant struck first
  during an altercation on board, and awarded damages for medical expenses and distress. The court allowed
  the application for a death inquest to promote transparency and public confidence in maritime safety
  regulation.
involved_entities:
- entity_name: Monica Chow
  reason: Presiding Coroner in this case, responsible for fact-finding and adjudication.
- entity_name: The Hongkong Electric Company Limited
  reason: Organised the outing that included the vessels Lamma IV and Lamma II.
- entity_name: Islands Ferry Company Limited
  reason: Owner of Sea Smooth, a high-speed passenger ferry involved in the collision.
- entity_name: Hong Kong & Kowloon Ferry Holdings Limited
  reason: Parent company of Islands Ferry Company Limited, owner of Sea Smooth.
- entity_name: Transport and Housing Bureau
  reason: Conducted an internal investigation into the practices of the Marine Department following the
    collision.
- entity_name: Marine Department
  reason: Involved in the internal investigation conducted by the Transport and Housing Bureau.
- entity_name: Coroners Ordinance
  reason: Legal framework under which the Inquest was held, although not included as per instructions.
- entity_name: High Court of Hong Kong
  reason: Where Coleman J refused an application for a death inquest by next of kin of four deceased.
- entity_name: Secretary for Justice
  reason: Invoked section 16 of the Coroners Ordinance to seek an order that an inquest be held, although
    not included as per instructions.
- entity_name: Court of Appeal
  reason: Issued an Order dated 26 July 2023 for this Inquest, following an appeal brought by the next
    of kin of two deceased.
