RE HONG KONG ORIENT SHIPPING CO LTD SA

RE HONG KONG ORIENT SHIPPING CO LTD SA

The High Court allowed the judicial review: the Coroner erred in ordering disclosure of crew statements because the statements were the property of the Marine Department and disclosure would constitute a breach of trust; the Coroner failed to have proper regard to Section 60(2) of the Shipping and Port Control Ordinance and to the public interest in preserving confidentiality which could impair future Marine Department investigations; therefore disclosure to all interested parties was unlawful and the Coroner's order was set aside.

Citation
RE HONG KONG ORIENT SHIPPING CO LTD SA
Parties
Applicant (owners of Vessel 'sunshine Island'): Hong Kong Orient Shipping Company Limited S.A.; Applicants (master and Crew): Chen Ping Tsoo and others; Respondent (coroner): J.W. Hansen (Her Majesty's Coroner); Interested Party / Respondent: Marine Department / Director of Marine; Interested Party (sought Disclosure): Green Island Cement Company Limited; Interested Party: Pioneer Cement (H.K.) Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 December 1981
Case Number
HCMP1677/1981
Procedural Posture
Judicial Review / High Court Judgment on Application for Judicial Review of Coroner's Ruling
Outcome
Application for judicial review allowed; Coroner's ruling ordering disclosure of crew statements set aside.
Legal Topics
Disclosure of Documents, Privilege and Confidentiality, Statutory Non‑admissibility (s.60(2)), Public Interest Balancing, Locus Standi, Discovery Vs Subpoena
Source Language
EN
Administrative Law Public Law Maritime Law Evidence Law Coroners' Inquest Law Confidentiality Law Disclosure of Documents Privilege and Confidentiality +4 more

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Parties

Hong Kong Orient Shipping Company Limited S.A.

Applicant (owners of Vessel 'sunshine Island')

Chen Ping Tsoo and others

Applicants (master and Crew)

J.W. Hansen (Her Majesty's Coroner)

Respondent (coroner)

Marine Department / Director of Marine

Interested Party / Respondent

Green Island Cement Company Limited

Interested Party (sought Disclosure)

Pioneer Cement (H.K.) Ltd

Interested Party

Procedural Posture

Judicial Review / High Court Judgment on Application for Judicial Review of Coroner's Ruling

Legal Issues

  1. 1 Whether a Coroner may disclose to interested parties copies of statements in the Coroner's possession made to the Marine Department
  2. 2 Whether the Coroner has power to order discovery of documents or to produce documents which are property of the Marine Department
  3. 3 Whether statements obtained under Section 60(1)(e) of the Shipping and Port Control Ordinance are admissible or may be disclosed in a Coroner's inquiry in light of Section 60(2)

Ratio Decidendi

The High Court allowed the judicial review: the Coroner erred in ordering disclosure of crew statements because the statements were the property of the Marine Department and disclosure would constitute a breach of trust; the Coroner failed to have proper regard to Section 60(2) of the Shipping and Port Control Ordinance and to the public interest in preserving confidentiality which could impair future Marine Department investigations; therefore disclosure to all interested parties was unlawful and the Coroner's order was set aside.

Court Disposition

Application for judicial review allowed; Coroner's ruling ordering disclosure of crew statements set aside.

Orders

  • Coroner's order to disclose statements of members of the crew to interested parties is quashed
  • Parties to be heard as to the precise form of the court's order and as to costs