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Lamma Ferry Disaster Claims: Liability First, Then Who Pays

2012-10-13
Marcus Tang

This article is a rewrite of a report from October 2012.

The October 1, 2012 Lamma Island ferry collision killed and injured Hongkong Electric staff and families — and who bore liability would decide the insurance outcome. The sunken vessel carried off-duty staff and families on a fireworks outing, plus Hongkong Electric employees volunteering at the event: two groups, different cover, different claims.

Volunteers vs off-duty staff — what is the difference?

Volunteers count as working; sightseers count as tourists. The insurance federation’s chief executive said that even though the volunteers were unpaid, they were in principle “working” — covered by employees’ compensation insurance. Off-duty staff and families, doing nothing work-related at a company fireworks outing, fell under travel and leisure — travel insurance territory. A union demanded Hongkong Electric take full responsibility and buy both covers.

When would the payout be known?

Not until liability was settled. Even with cover bought for all victims, the collision’s liability was still under official investigation — victims could not know whom to claim against, and amounts depended on the policy types Hongkong Electric had bought.

What is the lesson from 2012?

At company events, your status decides your cover. The 2012 Lamma claims dispute was never about whether insurance existed, but whether you counted as “at work” when disaster struck. Before any company outing, one question is worth asking: right now, am I staff or tourist? The answer decides which policy pays.

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