Hong Kong: Deaths in 2012 Accident Unlawful, but Ferries Met Safety Rules

ferry disaster — Lamma IV was raised during the investigations more than a decade ago

More than a decade after one of the worst marine disasters in Hong Kong’s history, the Coroner’s Court is issuing a new finding into the 2012 collision of the Lamma IV and Sea Smooth ferries. The survivors and victims’ families had advocated for the new investigation to lay blame as they also seek a civil suit.

The Coroner’s Court convened 44 days of hearings between May and September 2025 and heard testimony from 84 individuals, and today started reading out its findings. It has no legal authority to pursue charges, but the goal of the coroner’s court was to establish responsibility and answer lingering questions about the design of the vessels.

Hong Kong Electric Company had chartered the Lamma IV to take employees and their families to see the fireworks on National Day. The vessel was in Victoria Harbor when it collided with the Sea Smooth, a ferry operated by the Hong Kong and Kowloon Ferry Company. The Sea Smooth was able to remain afloat, but the Lamma IV sank in two minutes. A total of 39 people, including eight children under the age of 10, died. The corner says that 36 people drowned, three died from multiple traumatic injuries, and a 10-year-old died five days later in a hospital. An additional 92 people were injured.

Coroner Monica Chow Wai-cho said the inquest focused on six key issues around the design and operation, as well as the regulation of the ferries. She was following prior investigations, which said there was a “litany of errors.” The coroner said today that the company’s directors had given evidence in a straightforward manner, but did find that some witnesses did not participate in the hearings. The memories of others, it said, were clouded by time.

One key issue was the lack of a watertight door on the ferry, with the families citing experts who said if there had been one, the ferry would have remained afloat longer. Executives from the shipyard that built the ferry insisted it was a “conscious choice” as opposed to an oversight in the design. It was designed, the report says, as a single compartment vessel. Similarly, there were questions about the design of the Sea Smooth, whether it had been fitted with steel plates, and the height of the bulwarks on the Lamma IV.

The corner said today the decision to omit a watertight door reflected “a rational design decision.” She found the vessels met the safety standards of the time. The Lamma IV had been in service since 1996. The families were disappointed in the decision and asserted that people are continuing to try to cover up mistakes in the design and construction of the ferry.

The coroner, however, said the evidence confirmed that it met the standard of proof required both for a civil proceeding and the criteria for a criminal trial as the deaths were “unlawful.”

The Hong Kong government responded to the first round of the verdict, saying it was following the outcome closely and would have more responses once the verdict is completed on Thursday. However, it also highlighted that the captains of both vessels had been prosecuted and convicted. The captain of the Sea Smooth was convicted on 39 counts of manslaughter as well as a count of endangering the safety of others at sea. He was sentenced to eight years in jail, while the captain of the Lamma IV was acquitted of manslaughter but convicted of the charge of endangerment and jailed for nine months.

The coroner’s court also examined the frequency of Marine Department inspections of the ferries. The government highlights that an inspector and an Assistant Director from the Marine Department were arrested in 2015 and convicted on charges of misconduct and perjury. The former inspector was sentenced to 15 months in jail, and the director was sentenced to 16 months, but the sentence was reduced to 4.5 months on appeal. The government investigated alleged misconduct by a total of 17 Marine Department officials.

Another issue that was examined was the working hours of the crew. It has been asserted that they had exceeded permissible working hours.

The government asserted that the Marine Department has implemented all practical recommendations for the investigations to enhance maritime safety in the wake of the tragedy. The families said after today’s session that they remained disappointed and would consider their next steps.