Binjiang Police Affairs
Chapter 1435 - 228: Investigation (2) (Part 2)
Han Yu did not ask further, but instead carefully examined the first-instance judgment.
The plaintiff believes that the "party involved" in the fire incident investigation regulations refers to units and individuals with direct interests related to the fire incident. Huanggang Gas Station failed to supervise its employees’ duties effectively, resulting in situations such as the employee not boarding the refueling vessel for refueling and not conducting safety checks before refueling the vessel 5058. Therefore, they should bear corresponding responsibility.
However, the accident responsibility determination document issued by the Changhang Bureau Water Fire Rescue Team only acknowledges indirect responsibility of the gas station’s employee, without mentioning the gas station’s responsibility, which constitutes an omission of the subject and procedural error!
Moreover, according to Sinopec’s "Gas Station Management Regulations" Article 21 "On-water Refueling Procedures," upon receiving a fuel issuance certificate, the refueler should carefully verify the type, quantity, check the fuel container, and, if there are no objections, connect the refueling hose or refueling gun...
But the refueler did nothing; upon careful consideration, both the refueler and the gas station should bear responsibility.
Additionally, you mentioned there was non-compliant fuel in the oil tank, but failed to pursue the responsibility of the fuel supplier, similar to omitting a responsible subject.
During the first lawsuit, the lawyer hired by the bureau inexplicably claimed that the court lacks authority for judicial review of the accident determination made by the Changhang Bureau Water Fire Rescue Team! Consequently, this claim was rejected by the judge, citing one legal article and judicial interpretation after another.
Furthermore, the argument was made that since the company to which Huanggang Water Station belongs was jointly invested and established by Sinopec and Yangtze River Shipping Group, each holding a 50% share, Sinopec’s "Gas Station Management Regulations" should not apply here.
Yet, in terms of on-water refueling, there are no relevant national laws or regulations, and the judge believes that in absence of such laws, industry norms should be followed, equating Sinopec’s "Gas Station Management Regulations" to industry standards.
As for the refueling vessel being unladen with excessively high sides at the time, making it objectively difficult for the refueler to board, this still cannot be a reason for the gas station to bear no responsibility for the fire incident.
In short, the first-instance judgment was well-founded, and the team lost without injustice.
Han Yu set aside the administrative judgment from the first-instance court, paused for a moment, and asked, "The second trial is about to begin, it seems unlikely we’ll win; what are your thoughts?"
"We... what can we think of at this point? We can only follow the superior’s directives now."
"Which superior?"
"Director Qi said this lawsuit cannot be lost."
Han Yu, struggling to contain his emotions, asked, "If it’s wrong, it’s wrong; is it so hard to admit defeat and error?"
Li Mingsheng said with a worried face, "Director Han, us losing the lawsuit isn’t a big deal. I can give up my position as Branch Captain, but the General Department has maintained our accident determination; they’ve supported us so much, we... we can’t drag them down too."
Wu Yugu cautiously added, "Moreover, it’s not just about admitting defeat; there’s also the court costs—500,000. The bureau doesn’t have that much money to pay to the court."
"Can’t afford to lose, so just stubbornly insist?"
"We really can’t afford to lose. This lawsuit truly can’t be lost!"
Han Yu didn’t want to watch them continue down this wrong path; he straightforwardly said, "In this world, there’s no lawsuit that can’t be lost. Whether this lawsuit will be won or lost is not something you or I can control. I’ll talk to Director Qi, and regarding the General Department... I’ll go to Hanwu again if necessary."
"Director Han, you mean..."
"It’s already embarrassing enough; it can’t get any worse. Tomorrow, go to the Middle Court, withdraw the appeal application. Reassess the fire incident responsibility in accordance with the first-instance judgment."
"What about the litigation fees?"
"Isn’t it just 500,000? If the bureau doesn’t have it, we can borrow it. Just consider it spending 500,000 on a lesson."
"That lesson is quite expensive."
"Now you realize it’s expensive, what were you doing earlier?"
The Fire Brigade is different from the Criminal Investigation Team; Han Yu personally established it when he served as Deputy Division Commander, and over the years, he served either as Secretary General of the Binjiang Water Fire Fighting Association or as President of the Binjiang Branch of China Water Fire Fighting Association. He has repeatedly advised them to exercise extreme caution during fire suppression and prudence in fire incident investigation and determination, to study more laws and regulations, and to listen more to professional opinions.
Now that such an incident has happened, Han Yu naturally showed no kind face, suddenly standing up and saying coldly: "You all need to seriously reflect. How did a good matter turn out like this? Let me go and report to Director Qi, to work on phrasing his mindset!"
"Director Han, sorry to make you clean up after us as soon as you return."
"Clean up... so you already know there was an issue with the previous accident determination?"
"Initially we didn’t know, but later we did, yet we... yet we were helpless."
"Good that you know, let’s leave it at this."
Many things were unthinkable before; they bungled into a situation where retreat was no longer possible, and Director Qi was in much the same position.
Firstly, he had to consider that there could be no mistakes at the critical moment of transitioning the Changhang Police System to an administrative system; secondly, he couldn’t let the Water Security General Team that had previously supported the bureau get dragged down.
But whether the lawsuit can be won is beyond the bureau’s decision, even the Changhang Police Bureau doesn’t call the shots.
Seeing Han Yu walk in holding the first-instance judgment, he smiled wryly and asked, "Salted Fish, a court session is about to start again. I’m not familiar with the Middle Court. The Deputy President found through connections doesn’t have a say; can you help think of a way to ask someone to greet the judge presiding over this case?"
"Director Qi, what are we and what are they?"