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Skipper cleared of manslaughter over Hong Kong ferry disaster loses fight for legal costs

Top court upholds ruling against coxswain, who was jailed for endangering the safety of others at sea

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Chow Chi-wai was cleared of 39 manslaughter charges. Photo: Nora Tam

Hong Kong’s top court has rejected a skipper’s application to recover part of the legal costs he incurred during his prosecution over the Lamma ferry disaster in 2012.

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Chow Chi-wai, 59, was cleared of manslaughter for his role in the disaster, in which 39 people died.

Monday’s ruling upheld the lower Court of First Instance’s decision to refuse Chow, who was coxswain of Hongkong Electric’s Lamma IV, any costs incurred in his defence during the 60-day High Court jury trial from December 2014 to February last year.

The Lamma IV is lifted out the water the day after the fatal collision in 2012. Photo: Sam Tsang
The Lamma IV is lifted out the water the day after the fatal collision in 2012. Photo: Sam Tsang
That was despite Chow being acquitted on 40 of 41 counts, including 39 charges of manslaughter that could have landed him a life sentence.

The Lamma IV was taking staff members of the power firm and their relatives on an excursion to view National Day fireworks when it collided with another vessel, the Sea Smooth.

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Trial judge Brian Keith had explained in February that much – if not all – of the evidence relevant to the manslaughter charges overlapped with that of endangering the safety of others at sea, for which Chow was convicted and jailed for nine months.

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