Kulemesin and Another v Hong Kong Special Administrative Region – Court of Final Appeal (Ma CJ, Chan, Ribeiro and Tang PJJ and Lord Clarke of Stone-cum-Ebony NPJ) – 22 February 2013

Criminal law – Offence of endangering safety of others – Collision in buoyed channel leading to loss of life – Prosecution brought against master of one vessel and senior pilot of other vessel – Whether offence of absolute liability – Appeals against conviction – Whether “proviso” should be applied – Shipping and Port Control Ordinance, section 72 and Criminal Procedure Ordinance, section 83

On 22 March 2008 the Chinese bulk carrier Yao Hai (YH) collided with the Ukrainian oil rig supply vessel Neftegas 67 (N67) in a buoyed channel running between the north coast of Lantau Island and the coast near Castle Peak in the New Territories.