Third-party cover

To the editor

Further to my letter two months ago, here is my recent correspondence with the Marine Department, Hong Kong Boating Industry Association and other official bodies. It lays out the issues I have encountered following the total loss of my vessel, Carlotta, from a fire during Typhoon Wipha in 2025:

Dear Sir / Madam

I am writing regarding Hong Kong’s continuing development as a regional yachting destination and the increasing movement of pleasure vessels between Hong Kong and the Greater Bay Area.

I fully support these developments and believe Hong Kong has considerable potential as an international and regional boating destination.

However, based on my own experience as a Hong Kong boat owner, I believe there is an important issue that visiting yacht owners should understand before bringing their vessels into Hong Kong waters   :

• What practical protection and recovery options are available to a visiting yacht owner if their vessel is seriously damaged or destroyed following an incident involving another privately owned and insured vessel in Hong Kong?

This question arises from my experience following the destruction of my yacht Carlotta during Typhoon Wipha.

My experience has demonstrated how complicated third-party liability and insurance recovery can become following a major marine casualty. I am therefore bringing this wider issue to the attention of Hong Kong and Greater Bay Area boating organisations and media.

I would like to emphasise that I am not asking the Marine Department to determine liability in my individual insurance dispute. My purpose is to raise a broader question concerning public information, visiting-yacht awareness and confidence in Hong Kong as a boating destination.

Access to the identity of the vessel owner

A further concern arising from my experience is the ability of a person who has suffered a loss to obtain the information necessary to pursue a third-party claim.

Following the loss of Carlotta, I have encountered difficulty obtaining identifying information concerning the registered owner of the other vessel involved.

I understand that Hong Kong’s personal-data protection requirements may restrict the disclosure of an individual’s personal information, and I fully recognise the importance of legitimate privacy protection.

However, this creates an important practical question for an innocent third party who has suffered a substantial marine loss   :

• If the identity or contact information of the registered owner of a locally licensed vessel cannot readily be disclosed because of personal-data restrictions, how is a visiting yacht owner expected to identify and pursue the appropriate party following a serious casualty?

For a visiting yacht owner from the Greater Bay Area or overseas who is unfamiliar with Hong Kong’s legal and administrative system, this could create a significant practical obstacle.

I therefore believe visiting yacht owners should be clearly informed about the lawful mechanism through which a person who has suffered damage can identify the registered owner of another vessel and obtain sufficient information to commence a third-party claim, while at the same time
respecting Hong Kong’s personal-data protection requirements.

Information visiting yacht owners need

As Hong Kong encourages increasing numbers of yacht owners from the Greater Bay Area and overseas to visit, I believe it is important that they understand not only how to enter Hong Kong waters, but also what happens if they become the innocent party in a serious third-party marine casualty after arriving here.

I would therefore be grateful for the Marine Department’s written guidance on the following questions   :

• What guidance is currently provided to visiting pleasure-vessel owners regarding third-party liability and insurance protection in Hong Kong?

• If a visiting yacht is seriously damaged or destroyed following an incident involving a locally registered pleasure vessel, what practical avenues are available to the visiting owner to pursue recovery?

• Is there specific guidance explaining the distinction between pursuing the registered vessel owner and pursuing that owner’s insurer?

• Are visiting yacht owners advised to ensure that their own insurance provides adequate protection where a third-party claim is disputed, uninsured or underinsured?

• Where personal-data protection requirements prevent the Marine Department from directly releasing the identity or contact details of a locally-licensed vessel owner, what formal mechanism is available to an injured third party to obtain the information necessary to commence a civil claim?

• If the claimant is a visiting vessel owner from Mainland China or overseas, is there a specific Marine Department contact point or procedure to assist that person following a serious casualty involving a Hong Kong vessel?

• As cross-boundary yacht traffic develops, would the Marine Department consider including clearer guidance concerning third-party liability, insurance and recovery procedures within the information provided to visiting yacht owners?

• Where a visiting yacht owner suffers loss caused by another vessel, but the circumstances do not provide the injured party with a direct statutory right of recovery against the liability insurer, what practical route should that visiting owner follow to identify and pursue the insured vessel owner?

I am copying relevant Greater Bay Area boating and yachting organizations into this correspondence because I believe the answers to these questions will also be important to their members who may be considering bringing their vessels to Hong Kong.

My purpose in raising this publicly

My intention in making this issue more publicly visible is not to discourage yacht owners from visiting Hong Kong.

Quite the opposite.

I believe Hong Kong can become a successful and trusted regional yachting destination. However, a visiting yacht owner should be able to understand both the opportunities and the potential risks before entering Hong Kong waters.

Owners should know what happens if they suffer a catastrophic third-party loss, whom they can pursue, how they can lawfully identify the responsible vessel owner, what role the other vessel’s insurance plays, and what practical assistance is available if liability is disputed.

My experience with Carlotta provides a real-life example of why these questions matter, but the purpose of this correspondence is broader than my individual insurance claim.

As Hong Kong develops closer pleasure-yacht connections with the Greater Bay Area, I believe greater transparency in this area would strengthen, rather than damage, confidence in Hong Kong as a regional boating destination.

I would therefore appreciate a written response from the Marine Department addressing the above questions. I hope that the Department’s response can also provide useful guidance to the wider Hong Kong and Greater Bay Area boating community.

I have also copied the insurer involved in my own case into this correspondence in the interests of transparency and to ensure that all relevant parties are aware of the wider questions I am raising with the boating community.

Thank you for your consideration.

Miikka Antila
Owner of Carlotta
Hong Kong