2008 Sai Kung bus crash
{{Short description|Deadly 2008 crash of a tour bus in Sai Kung, New Territories, Hong Kong}}
{{Use dmy dates|date=July 2021}}
{{Use Hong Kong English|date=July 2021}}
{{Old news|date=March 2024}}
{{Infobox public transit accident
| name = 2008 Nam Pin Wai tour bus accident
| image = WIKINEWS_05_001.jpg
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| caption = Accident scene on 1 May 2008
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| date = 1 May 2008
| time = 09:02 HKT
| location = Hiram's Highway roundabout near Nam Pin Wai bus station, Nam Pin Wai , Sai Kung District
New Territories, Hong Kong
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| type = Rollover
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| passengers = 61
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| deaths = 19
| injuries = 43
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On 1 May 2008, at approximately 09:02 HKT, a tour bus flipped onto its side on Hiram's Highway in Sai Kung District, New Territories. The crash killed 19 people and injured 43.{{cite web|url=http://www.appleactionews.com/site/art_main.cfm?&iss_id=20080505&sec_id=6996647&art_id=11072677&dis_type=text&media_id=1|title=西貢旅巴慘劇 增至19人死亡|trans-title=Sai Kung tour bus tragedy: Death toll rises to 19|accessdate=May 5, 2008|author=Next Media|date=2008-05-05|publisher=Next Animation Studio|language=zh-hk|archive-date=2008-05-08|archive-url=https://web.archive.org/web/20080508224640/http://www.appleactionews.com/site/art_main.cfm?&iss_id=20080505&sec_id=6996647&art_id=11072677&dis_type=text&media_id=1|url-status=dead}}
The incident was Hong Kong's third deadliest road traffic accident, behind a 2018 incident killing 19 and injuring 61, and a 2003 incident which killed 21.{{cite news|title=Hong Kong bus overturns, killing at least 19 people|url=https://www.theguardian.com/world/2018/feb/10/bus-topples-over-in-hong-kong-tai-po|work=The Guardian|agency=Agence-France Presse|date=10 February 2018}}
Incident
=Crash=
On 1 May 2008, at 8:30 am, two tour buses carrying several members of the Shinji Shumeikai Hong Kong branch left from Tsz Wan Shan for Sai Kung. At around 9:02, one of the tour buses rolled over when entering the Hiram's Highway roundabout in Nam Pin Wai. The bus flipped onto its side and struck a noise barrier, causing the roof of the bus to collapse, trapping many passengers between the roof and the seats, and hindering rescue efforts.{{cite news |last1=Lam |first1=Anita |title=Bus crash driver to plead guilty |work=South China Morning Post |date=4 June 2009 |page=1}}{{cite news|url=http://www.taipeitimes.com/News/world/archives/2008/05/02/2003410869|title=Hong Kong bus crash leaves 18 dead|newspaper=Taipei Times|date=2008-05-02|access-date=2021-07-18}}
=Immediate aftermath=
Firefighters arrived after nine minutes,{{cite news|url=http://hk.apple.nextmedia.com/news/art/20080502/11058558|title=恐怖車禍專輯 旅巴西貢飛車撞翻 18女友慘死|date=2008-05-02|access-date=|newspaper=Apple Daily|location=Hong Kong|language=zh-hk|url-access=|archive-url=https://web.archive.org/web/20150927062527/http://hk.apple.nextmedia.com/news/art/20080502/11058558|archive-date=2015-09-27|url-status=}} and 14 passengers were pronounced dead at the scene. A makeshift morgue was set up, the first time since a bus accident in 2003. Four more passengers died after being transferred to hospital, bringing the death toll to 18. Then-Chief Executive Donald Tsang visited Tseung Kwan O Hospital, where the largest amount of injured passengers were transferred, then visited the crash site. He expressed that this was Hong Kong's most serious traffic accident in recent years, and asked for all relevant departments to investigate the causes of this accident, as well as provide help for all affected families.{{cite news|url=http://hk.news.yahoo.com/080501/60/2tbbd.html|title=曾蔭權形容為近年最嚴重車禍|trans-title=Donald Tsang describes (the crash) as the most serious traffic accident in recent years|date=2008-05-01|access-date=|newspaper=Sing Tao Daily|location=Hong Kong|language=zh-hk|url-access=|archive-url=https://web.archive.org/web/20080505204502/http://hk.news.yahoo.com/080501/60/2tbbd.html|archive-date=2008-05-05|url-status=}}
Four days after the crash, on 5 May, one more passenger died after being transferred to a hospital, bringing the death toll to a final of 19. Many of the survivors were left with lifelong injuries and disabilities.
Criminal proceedings
The 33-year-old bus captain, Hung Ling-kwok, was charged with dangerous driving causing death. Investigators stated that Hung was travelling around 67 kph, while the speed limit was 50 kph. The bus was found to have no mechanical faults.{{cite news |last1=Fong |first1=Loretta |title=Driver in fatal bus crash apologises to victims' families |work=South China Morning Post |date=6 June 2009 |page=3}} The judge in the case criticised Hung for descending the hill in the wrong gear, failing to use the throttle or exhaust brake, and ignoring warning signs including passengers' repeated calls to slow down.{{cite news |last1=Man |first1=Joyce |title=Driver jailed for crash that killed 19 |work=South China Morning Post |date=20 June 2009 |page=1}}
Hung apologised to the families of the victims in the District Court in June 2009, but the apology was not accepted.
On 1 May 2009, Hung pleaded guilty to one count of dangerous driving causing death, for which the maximum sentence was five years' imprisonment at the time of the offence. On 19 June 2009, Hung was sentenced to three years and four months in prison, with the maximum sentence being reduced in recognition of his guilty plea. His driving licence was also suspended for three years.{{cite news|url=http://hk.news.appledaily.com/local/daily/article/20090620/12900714|title=法官判刑時痛罵罔顧全車乘客安全 罪無可恕 危駕奪19命 司機囚40月|date=2009-06-20|access-date=|newspaper=Apple Daily|location=Hong Kong|language=zh-hk|url-access=|archive-url=https://web.archive.org/web/20190927094246/http://hk.news.appledaily.com/local/daily/article/20090620/12900714|archive-date=2019-09-27|url-status=}} However, as his driving licence suspension would take place during the period of his imprisonment, he would be able to drive upon his release.{{cite news |last1=Lam |first1=Anita |last2=Lee |first2=Ada |title=Sai Kung crash relatives demand longer ban for jailed bus driver |work=South China Morning Post |date=30 June 2009 |page=4}}
The families of victims, as well as survivors of the crash, called the sentence excessively lenient. They felt that the prison sentence was light, and said that Hung should not be allowed to drive again.{{cite news |title=Sentence disappoints victims still grappling with their pain |work=South China Morning Post |date=20 June 2009 |page=1}} Hung evaded a longer jail term as new legislation raising the penalty for dangerous driving causing death (to ten years) only came into effect on 4 July 2008, and he was charged under the old law. On 29 June 2009, the victims petitioned the Department of Justice for a review of the sentence.
In response, the Department of Justice applied to the Court of Appeal to review the length of the driving ban.{{cite news |last1=Tsang |first1=Phyllis |title=Bid to lengthen disqualification for driver who killed 19 |work=South China Morning Post |date=7 August 2009 |page=3}} On 15 April 2010, the Court of Appeal doubled the driving ban to six years.{{cite news |last1=Tsui |first1=Yvonne |title=Driving ban period doubled for bus driver in fatal crash |work=South China Morning Post |date=16 April 2010 |page=3}}{{cite news|url=https://hk.news.appledaily.com/local/daily/article/20100416/13934778|title=旅巴62死傷車禍 律政司成功覆核 危駕司機加刑停牌6年|date=2010-04-16|access-date=|newspaper=Apple Daily|location=Hong Kong|language=zh-hk|url-access=|archive-url=https://web.archive.org/web/20190930043711/https://hk.news.appledaily.com/local/daily/article/20100416/13934778|archive-date=2019-09-30|url-status=}}