Keywords
Ship collision, crime of causing traffic casualties at sea
Case Overview
At 1550hrs on 11 March 2023, a fisherman surnamed Su, who did not hold a navigation license, sailed the fishing boat “Qiong Lin Yu ***” from Xincun Harbour of Lingshui County. In an attempt to avoid contact with other ships, the fishing boat collided with an unnamed fishing boat which was in anchor for fishing. The collision resulted in damage to and capsizing of the unnamed fishing boat and claimed the life of a man surnamed Chen who was among the six persons falling overboard.
The accident joint investigation team found that the fishing boat “Qiong Lin Yu ***” had a navigation bridge at a lower position than the bow, which was a flawed design, and the captain did not hold a navigation license and was negligent in lookout during the navigation. The fault on the part of the fishing boat “Qiong Lin Yu ***” was greater than that of the unnamed fishing boat, and therefore “Qiong Lin Yu ***” shall bear the major liability and the unnamed fishing boat shall bear the minor liability.
Judgment
The court declared the accused guilty for committing a crime of causing traffic casualties and sentenced him to one-year imprisonment with a two-year suspended sentence. The accused accepted the judgment in court and waived the right to appeal.
Significance
The is the first case of crime of causing traffic casualties at sea accepted by Haikou Maritime Court following the “Three in One” reform for maritime trial. It is the accused’s disregard of the laws and regulations on safe navigation that results in the death of another person. Fishermen long engaged in fishing activities are accustomed to sailing their boats by personal experience. They tend to neglect the safe navigation rules and do not equip sufficient safety facilities on board, and hence cannot make proper and immediate response after a collision occurs. In this case, the accused not only receives criminal punishment but also faces huge civil compensation for his wrongful act at sea.