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