KULEMESIN AND ANOTHER v HKSAR

[2013] 2 Lloyd's Rep. 367

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,Lord CLARKE

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