I am also very concerned about that went on the ferry and HKKF inability to deal with the issues without police being called. As with all cases like this there are a range of viewpoints and I agree we do not want to be in a position as residents where we cannot transport larger items on the ferry. This issue was not really the size of the items individually, the ferry left with two bookcases safely contained and secured in the hold area. The issue was the quantity of cargo and blockage of exits and stairwells. I would take issue with the opinion that it is ok to block one of the watertight doors, it is not, as indicated by the green exit signs they are legally designated exits that must be kept clear and form part of the boats public licence. The crew who directed passengers to block exits with cargo seem unaware of this. Furthermore the captain has duty of care to ensure safe operation of the vessel, he does have the legal power to enforce safety legislation, but it appears is operating in a corporate culture that does not allow him to so.
I have complained directly to HKKF who have opened a case file on this. Jennifer from SCMP has also contact me and is attempting to file a story on this incident. Below is the complaint emailed to HKKF on 11 May
If you have pictures of what went on please send them to Jennifer Ngo at SCMP
jennifer.ngo@scmp.com and post them on this forum.
Other people you might want to email are
HKKF
info@hkkf.com.hk
Hong Kong Marine Department.
sspax@mardep.gov.hk
ipro@mardep.gov.hk
mdenquiry@mardep.gov.uk
Our local councillor on lamma island. Ms Yu Lai-Fan
laifanyu@gmail.com
Sitting on the side lines and not making a fuss is all very well, but perhaps 39 people today would be alive and happy if a few more of us stood up said something when lives are placed in danger, pubic pressure can and will change things for the better. Please be active in this matter.
Dear sir
I wish to lodge a formal complaint which has also been lodged with the Hong Kong marine department regarding ongoing safety concerns with your ferry operations, management and lines of communication / decision hierarchy.
As I am sure you and the Hong Kong police are aware the Hong Kong to Lamma 1630 ferry on 10 May 2013 was delayed by 40 minutes as your passengers were forced to protest about large amounts of heavy oversized cargo being transported on the ferry which blocked emergency exits and the lower stair well on the ferry captained by coxswain Cheung Po Man CX001. I am concerned about several issues with you company and its operations and would welcome your reply so that it may be considered by the Marine Department.
1. Emergency exits and stair wells on the ferry were blocked by cargo at the specific instruction of the crew.
2. For safety reasons the company did not permit carriage of the large bookcases on the 15.50 ferry.
3. The large bookcases were around 1.5 meters tall and could only be moved by at least two people therefore were inappropriate for a ferry of this size.
4. At no point did the captain, his crew or the management intervene to ensure the safety of passengers or compliance with Hong Kong Marine Law.
5. After several warnings by passengers the police were called to resolve the issue which the companies incompetent management were unable to do.
6. There was clear intent to sail the vessel by the crew and place passengers in immediate risk in the event of an accident.
7. There were large numbers of children on the boat who emergency exit would have been restricted by the 5 or so heavy bookcases weighing upwards of 30 Kgs each. This cargo would have had the potential to shift and pin passengers and children down should the ferry have become unstable in a collision event. Please note shifting seats pinning passengers down on the sunken ferry were identified by Hong Kong courts as a contributory factor to the fatalities suffered.
8. Furthermore the bookcases would have restricted access to the storage area containing the child life vests therefore contravening Hong Kong law which requires reasonable access for all passengers child size life vests.
9. Mobility and vision impaired passengers would also have been placed at particular risk which you have a duty of care to ensure the safety of as a public licensed ferry operator.
10. Line of communication, decision making and responsibility. This is perhaps of the greatest concern and may in part explain why one of your boats were involved in a fatal ferry crash. No member of your company were prepared to enforce Hong Kong law, no one was able to make a quick decision to remove the offending items, no one assumed over all responsibility for the incident. The captain who has over all legal responsibility for safety on his ship was either unable or unwilling to take action either himself or by a delegated party. There are severe concerns regarding the corporate culture and attitude to safety related decisions.
I am sure I do not need to draw to you attention the media storm regarding your company and the fatal crash which one of your captains is facing manslaughter charges.
I have date and location stamped photos and videos of the incident which I am happy to discuss with you. Please not the location and date stamps on these photos are required by Hong Kong law for consideration in a court of law.
Would you be so kind as to supply me with a full report of the incident from the Coxswain and managers who dealt with this issue. I also require a copy the companies terms and conditions for carriage of cargo, if this does not exit please explain why there are no such guidelines to ensure passenger safety. .
I await you prompt reply and outline of actions your company will take before this email is forwarded to the Hong Kong Marine department.