KULEMESIN AND ANOTHER v HKSAR

[2013] Lloyd's Rep Plus 52

COURT OF FINAL APPEAL HONG KONG SPECIAL ADMINISTRATIVE REGION

Before Chief Justice Ma, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Mr Justice Tang PJ and Lord Clarke of Stone-cum-Ebony NPJ

Criminal law - Offence of endangering safety of others - Vessels colliding 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 lower courts erred in law - Whether "proviso" should be applied - Whether buoyed channel a "narrow channel" - Shipping and Port Control Ordinance, section 72 and Criminal Procedure Ordinance, section 83 - Collision Regulations, rule 9.