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Hong Kong court clears captain of fraud over false Covid-19 declaration

The captain of the 'Thor Monadic' has been cleared of fraud after a magistrate found insufficient evidence that he had intended to con Hong Kong authorities out of free Covid-19 treatment by concealing his crew members’ health status. In acquitting Ekarat Timwatthana at Kwun Tong Court on March 15, Magistrate Joseph To Ho-shing observed there was a loophole in the city’s legislation allowing ship captains to avoid criminal sanctions for false statements made when applying for a licence to enter Hong Kong’s waters. Timwatthana, 53, went on trial for allegedly deceiving health officials when he applied for a “free pratique”, or permission for a vessel to enter port, for his bulker to cross the city’s border on Aug 24, 2021. He stated that nobody on board the vessel had fallen ill since its departure from Indonesia three weeks earlier. It was later revealed the ship had been denied entry at two ports in mainland China prior to its arrival in Hong Kong because some of its crew had displayed Covid-19 symptoms. 15 of the 23 crew members, including the captain, eventually tested positive in Hong Kong for the virus, costing health authorities more than US$140,535 in tests and inpatient care. Most of the fees were later settled by the ship’s owner in Singapore. Despite Timwatthana’s false representations, To could not ascertain the defendant’s subjective intention was to defraud, noting he could have still received medical attention by honestly disclosing the health conditions of those on board. The magistrate noted Timwatthana could not be penalised over the bogus claims he had made, as it was not an offence to provide false information in an application for a free pratique. He called on authorities to consider ways to plug the loophole.

Captain of Thor Monadic denies providing false Covid-19 information to Hong Kong authorities

The captain of the 'Thor Monadic', Ekarat Timwatthana, 53, went on trial on Feb 1, 2022, for allegedly deceiving health officials when he applied for a licence for the bulk carrier to cross the Hong Kong border. He denied concealing the Covid-19 status of his crew members from health authorities when he applied for a licence for his ship to enter Hong Kong’s waters on Aug 24, 2021. He pleaded not guilty to a count of fraud, an offence punishable by up to 14 years in jail but capped at two years when it is the only charge at a trial heard before a magistrate. In his request for a free pratique, or permission for a vessel to enter port, Timwatthana stated that nobody on board the 'Thor Monadic' had fallen ill since its departure from Indonesia three weeks earlier. Only after a health clearance it was revealed that two sailors had displayed severe Covid-19 symptoms by the time the application was filed. 15 out of the 23 crew members, including the captain, later tested positive for the L452R mutated Covid-19 strain. A police inquiry found the accused had contacted a local shipping agent about the availability and costs of rapid Covid-19 tests in Hong Kong, and had asked whether he and his crew members could leave the city without having to undergo quarantine if they were infected. Health authorities reported they had incurred a total cost of more than HK$1.1 million (US$140,778) for conducting screenings on the crew and providing inpatient care to those who fell ill. Most of the fees were later settled by the ship’s owner in Singapore. The 15 sailors were discharged from hospital on Sep 15. The prosecutors alleged Timwatthana knowingly deceived health authorities by hiding his and the crew members’ Covid-19 symptoms in the hope of receiving medical treatment ashore instead of having to isolate in the vessel. The defence suggested Timwatthana was looking for Covid-19 tests from independent laboratories instead of public services.

Captain charged for not reporting Vovid-19 like infections

The 53-year old Thai master of the 'Thor Monadic' was arrested by the Hong Kong police on Sep 14, being charged with fraudulent concealment of the health status of his crew, namely the Covid-19-like symptoms of fever, coughing, and breathing difficulties among several crew members. He appeared at the court on Sep 15. The ship had arrived at Ningbo-Zhoushan anchorage en route from Banjarmasin mid of Aug. It left again on Aug 20 and sailed to Hong Kong, where it moored on Aug 24 and asked for a clean bill of health. The Hongkong Department of Health, however, was already alerted. All 23 crew members were tested, and 15 were tested positive for the virus, including the master. They were taken to hospital and later all but one released and returned on board. The ship was remaining anchored in pos. 22° 9.72' N 114° 3.76' E under quarantine as of Sep 16.