The Commission of Inquiry into the October 1 ferry collision off Lamma Island that claimed 39 lives will proceed, despite an application by the director of public prosecutions that the hearings be delayed.

The Chairman of the commission Michael Victor Lunn on Friday rejected the application from Director of Public Prosecution Kevin Zervos to adjourn the case until next month.

In his submission to Wednesday's preliminary session, Zervos explained that the Department of Justice is considering manslaughter charges, which could lead to a subsequent criminal trial before a jury. Zervos feared that premature disclosure of some information at the hearings would affect the police investigation and prejudice a subsequent criminal trial.

In announcing his decision, Justice Lunn said since Zervos said he would not seek a stay of the hearing even if manslaughter charges were brought against anyone, it is not the time to adjourn the hearing now.

Also, Lunn said, as Zervos acknowledged on Wednesday that the police were "not far from completing their investigation" and were waiting for an expert's report, so the hearings of the commission wouldn't affect the police investigation.

In response to the concern that publication of evidence may prejudice a jury to be empanelled later, Lunn said the judge at the trial will "enjoin the jury to reach a verdict according to evidence presented to them" in court and "direct the jurors to ignore information that is received in any other way".

Thus, Lunn said, "there is no point in delaying the receipt of evidence. It would merely create unnecessary delay."

The fatal incident occurred when the catamaran Sea Smooth owned by Hong Kong & Kowloon Ferry, sailing from Victoria Harbour, collided with Lamma IV owned by Hong Kong Electric. The ferry, Lamma IV, with 127 people on board, sank quickly after the collision.

In the wake of the fatal incident, the three crew members of Lamma IV and four crew members of Sea Smooth were arrested by police. Three of them were arrested on suspicion of manslaughter, while the other four arrests were related to the offense of endangering safety of a person on a vessel.

Lunn also rejected applications from counsels representing the ferry companies and crew members of both vessels to defer the proceeding to early January.

Both counsels - Grossman, appearing on behalf of Hong Kong Electric and the three crew member of Lamma IV, and Sussex, appearing for Islands Ferry, Hong Kong & Kowloon Ferry and the four crew members of Sea Smooth - sought adjournments, saying they needed to review materials.Counsels were particularly concerned that they did not have the electronic radar records and the expert report of Captain Pryke, a British maritime expert invited by the commission to assist the inquiry.

Lunn said three witnesses who supplied the radar record - two from the Marine Department and one from the Hong Kong Police - will be called to give their testimony. Captain Pryke, whose 9-page report on the radar records was signed off on Dec 4, will be called to testify. Thus, if both counsels want to question the witnesses, they can apply to the chairman on Dec 12, the next day when hearings are set. The four technical witnesses will be called to the stand on that day.

In the meantime, Paul Shieh, representing the commission, revised the number of witness from three vessels from 38 to 33, including 16 from Lamma IV, 13 from Sea Smooth and four from Lamma II which took part in the rescue.

stushadow@chinadailyhk.com

(HK Edition 12/08/2012 page1)