On April 17, 2024, the Yangxi County People's Court of Guangdong Province publicly pronounced the first-instance verdict on the defendants Xu Jun, Wu Jianliang, Yang Hai, Chu Naitao, and others who forcibly ordered and organized others to carry out risky operations in violation of rules and regulations, and sentenced the defendant Xu Jun to 10 years in prison for the crime of forcing and organizing others to carry out risky operations in violation of regulations, and sentenced the other three defendants to fixed-term imprisonment ranging from seven years to five years and six months.
After trial, the court ascertained that the defendant Xu Jun was the actual controller of the "Fujing 001" ship, and the defendants Wu Jianliang, Yang Hai, and Chu Naitao were the senior managers of the "Fujing 001" ship. At 8 o'clock on June 30, 2022, the ship "Fujing 001" arrived at the No.2 large ship in Yangjiang to take shelter from the wind. On July 2, 2022, affected by Typhoon "Chaba", the ship "Fujing 001" broke anchor and ran anchor, and some people were injured. The accident investigation report of the MSA found that the relevant enterprises and ships failed to evacuate personnel as required, lied about the number of people who stayed on board, and failed to request help in time after the ship was anchored, resulting in heavy casualties, and the defendant Xu Jun and the ship management company were directly responsible. After the accident, the company to which the ship belonged reached a settlement agreement with the victim's family and paid compensation.
The court held that during the period when the "Fujing 001" was sheltering from the storm, the defendant Xu Jun and others clearly knew that there was a hidden danger of a major accident and did not rule it out, but still forced and organized others to take risks, falsely reported the number of people left on board, and failed to organize rescue in a timely manner, resulting in a major casualty accident, and the circumstances were particularly heinous, and their conduct constituted the crime of forcing and organizing others to carry out risky operations in violation of regulations. Based on the facts, nature, and circumstances of each defendant's crime, the degree of harm to society, and their attitude toward admitting guilt, the court made the above judgment in accordance with law.
A total of 14 people, including close relatives of the defendants, deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, and people from all walks of life, attended the announcement of the verdict.
[Previously reported]
The sinking of the crane ship killed 25 people, and the investigation report: falsely reported the number of people on board and did not evacuate as required
On May 31, 2023, the China Maritime Safety Administration released the "Investigation Report on the Wind Disaster Accident of Yangjiang "7.2" and "Fujing 001" Crane Ship (hereinafter referred to as the "Investigation Report") on its official website, which pointed out that on July 2, 2022, the "Fujing 001" crane ship (hereinafter referred to as "Fujing 001") belonging to Fujian Huajing Marine Technology Co., Ltd. (hereinafter referred to as "Fujian Huajing") was affected by Typhoon "Chaba" during the anchorage of the No.2 large ship in Yangjiang, Guangdong As a result, the ship anchored, and the hull broke and sank after touching the wind turbine piles of the offshore wind farm, killing 25 people and missing one.
▲Overview of "Fujing 001" Image source: official website of the Maritime Safety Administration of the People's Republic of China
It is understood that Typhoon No. 3 "Chaba" in 2022 was generated in the central part of the South China Sea at 8 o'clock on June 29, and then gradually strengthened into a severe tropical storm and typhoon, with a maximum wind of 14 measured near the Yangjiang Sea, which is the strongest typhoon to land in western Guangdong since Typhoon "Rainbow" in 2015, and the strongest "soil typhoon" in the South China Sea to land in Guangdong Province in the past 20 years. Under the influence of the typhoon, many ships anchored in the Yangjiang waters.
According to the "Investigation Report", the frontal attack of the typhoon was the objective cause of the breakage and sinking of "Fujing 001" after the anchor touched the wind turbine. Before the incident, the actual number of people on board of the "Fujing 001" crane ship was 30, but the number of people on board was only 9 reported to the relevant departments, and there was a behavior of lying about the number of people on board, and the actual situation of anchoring was concealed, and the opportunity to rescue was missed, which was the main reason for major casualties.
▲ "Fujing 001" wreck bow picture source: official website of the Maritime Safety Administration of the People's Republic of China
It is understood that "Fujing 001" was built in Poland and completed in July 1983 as a single-hull tanker. In 2006, the ship was converted into a heavy cargo carrier. In June 2020, Shenzhen Huajing Marine Technology Co., Ltd. (hereinafter referred to as "Shenzhen Huajing") purchased the round. In July 2021, Shenzhen Huajing handled the import procedures for the round, and in November, Shenzhen Huajing transferred the round to Fujian Huajing free of charge. In December 2021, Fujian Huajing applied to rename the ship as "Fujing 001" and obtained the ship ownership registration certificate. "Fujing 001" is a non-self-propelled crane ship, and the positions of the personnel on board are arranged by Jiangsu Huajing Zhiyun Engineering Technology Co., Ltd. (hereinafter referred to as "Jiangsu Huajing") according to the needs of the work.
The "Investigation Report" pointed out that the relevant person in charge of the ship repeatedly made clear requests: "We will first report the documents for the evacuation of all personnel on the ship and keep the tugboat." All vessels, 'Fujing 001', anchored vessels are not allowed to answer any high-frequency calls. If there is a telephone inquiry, it will always be answered on the shore. "The high-frequency call of 'Fujing 001' and the high-frequency call of the two anchored ships were not answered. Any call or inquiry received by any officer will be answered by the person who is already on shore. ”
According to the "Investigation Report", Xu Mou, the actual controller of "Fujing 001", instructed the relevant personnel to lie about the situation of the personnel on board, not evacuate the personnel on board as required, conceal the danger of the ship anchoring, and failed to take timely measures to avoid the expansion of the situation, and has been transferred to the Yangjiang Municipal Public Security Bureau for further investigation and handling in accordance with the procedures. Wu Mouliang, the legal representative and general manager of Jiangsu Huajing, Yang Mou, the manager and ship director of Jiangsu Huajing's "Fujing 001" project department, and Chu Moutao, the safety director of Jiangsu Huajing's "Fujing 001" project department, did not organize the evacuation of the personnel on board as required, and participated in the false reporting of the personnel on board, and recommended that they be transferred to the Yangjiang Municipal Public Security Bureau for further investigation and handling. Li Changlong, the chief captain and manager of the ship management department of Jiangsu Huajing, and Huang Moudong, the captain of the "Fujing 001", did not organize the evacuation of the ship's personnel as required, but in view of their death, the investigation team recommended that they be exempted from responsibility.
▲ The stern section of the "Fujing 001" wreck Image source: the official website of the Maritime Safety Administration of the People's Republic of China
In accordance with the "Maritime Traffic Safety Law of the People's Republic of China", "Regulations of the People's Republic of China on the Investigation and Handling of Marine Traffic Accidents" and other relevant laws and regulations, the Maritime Safety Administration of the People's Republic of China has established the Yangjiang "7.2" and "Fujing 001" crane ship wind disaster accident investigation team to carry out investigation work in accordance with the law. The accident investigation team ascertained the course and causes of the accident, casualties, and property losses, ascertained the nature and responsibility of the accident, and put forward suggestions on how to deal with the units and personnel responsible, as well as suggestions for strengthening and improving safety management.
The "Investigation Report" gives safety management recommendations, suggesting that relevant departments should further refine and clarify the responsibilities of offshore wind power safety management, eliminate blind spots in regulatory responsibilities, establish and improve the offshore wind power safety coordination mechanism, strengthen departmental coordination and joint defense linkage, and coordinate the formation of a joint work force, effectively implement the safety management responsibilities of offshore wind power projects, and realize the safe development of offshore wind power projects.
Source: Aurora News Northeast Net