Friday, January 10, 2025

Family of Chinese tourists killed by fallen tree at Penang museum last year demands RM1.7m compensation





Family of Chinese tourists killed by fallen tree at Penang museum last year demands RM1.7m compensation



Lawyer Ng Kian Nam showing a document related to the incident at a press conference on the letter of demands. His clients, Yang Xue Li with her son, Liu Yu Hui, (top left) and Wang Geng Feng (top right) are present via an online video call. — Picture by Opalyn Mok

Friday, 10 Jan 2025 12:56 PM MYT


GEORGE TOWN, Jan 10 — The family of two Chinese tourists who were killed by a fallen tree in September last year has issued a letter of demand asking for RM1.7 million in compensation and apologies from five parties.

Yang Xue Li, 69, and Wang Geng Feng, 41, through their counsel, Ng Kian Nam, will send two letter of demands to six different parties today.


Yang is the widow of the 69-year-old deceased Liu Zhu and the mother of the 36-year-old deceased Liu Xinxin while Wang is the widower of Xinxin.

Their first letter of demand is to five parties, Pinang Peranakan Mansion Sdn Bhd, SSM Capital Sdn Bhd, Sri Kumaran’s Textile Sdn Bhd, Pony Holiday Sdn Bhd and Har Kwai Leng.


Pinang Peranakan Mansion is the operator of the museum where the incident occurred, SSM Capital is the proprietor for the land owner of the museum, Sri Kumaran’s Textile is the land owner of the premises where the tree grew, Pony Holiday is the tour agency while Har is the driver who took Liu Zhu and Liu Xinxin to the museum.


Ng said his clients are demanding for an apology from all five parties and a compensation of RM1,762,325.69.

The compensation sum is based on the loss of expectation of life, loss of expected retirement allowance, loss of dependency, exemplary damages, special damages, funeral expenses and costs.

Yang and Wang, who were present via online video chat, said Xinxin had booked a tour package to Penang through a China tour agency to celebrate her father’s (Liu Zhu) 70th birthday.

They said the China tour agency had then appointed a local tour agency, Pony Holiday, to take Liu Zhu and Xinxin on tours.

“When we first heard the news of the incident, we thought it was an accident but after looking into it, we realised it was not a mere accident but involved human error,” they said.

Yang, who was sobbing as she spoke, said she lost a husband and a daughter who was one of the main breadwinners of the family.

“My 11-year-old grandson has been asking me why his mother is not coming home and he is so depressed at the sudden loss of his mother,” she said.

Wang said they were shocked to find out that the tour agency did not inform his wife and father-in law of the risks that day on September 18 last year when there was a storm.



Fire and Rescue Department personnel remove the body of one of the two foreign victims who died after their car was crushed by a fallen tree on Lebuh Gereja in George Town, September 18, 2024. — Bernama pic



“The driver, who took them to the museum was engaged by the tour agency, did not have a PSV license and the museum operator did not inform them of the risks of the tree and allowed tourists to park their cars there,” he said.

He said the owner of the property where the tree grew had also failed to take basic and reasonable measures to maintain the tree.

Even after the incident, they said none of the five parties approached them to apologise for the incident.

Ng said his clients have also issued a letter of demand to the Mayor of the Penang Island City Council (MBPP) seeking clarifications on why a notice of nuisance was only issued to the land owner of the tree after the incident and not prior to that.

“We want clarifications on whether the museum operator ever submitted any official complains on the high risks of the tree,” he said.

He said if MBPP failed to respond to their letter of demand or failed to give a satisfactory explanation on the matter, the local council will also be included as a party in the subsequent suit.

All six parties are given 14 days from today to respond to the letter of demands.

“We have our clients’ strict instructions to take necessary legal proceedings if they failed to comply with the demands,” he said.

He said the family is upset that the local authorities have failed to take further action against those responsible.

“There were no formal investigations, there was a total lack of transparency and accountability,” he said.

Ng said they are representing Yang and Wang on a pro bono basis to make sure those responsible for the incident are held accountable.

Last year, at about 2.30pm on September 18, a tree within the car park area of the Pinang Peranakan Museum fell over, crushing the vehicle parked there while the father and daughter were inside the car.

Both Liu Zhu and Xinxin died at the site of the incident.

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