Driver in fatal West Vancouver wedding crash fined $2,000

Victims' family protest lack of criminal charges in case

Published Sep 17, 2024  •  3 minute read

Hong Xu arrives at her sentencing hearing with lawyer Ian Donaldson at B.C. provincial court in North Vancouver on September 17, 2024. Photo by NICK PROCAYLO /PNG

A woman who crashed her SUV into a wedding celebration, killing two guests and injuring several others, was handed a maximum $2,000 fine Tuesday, plus a five-year driving ban for inattentive driving.

B.C. provincial court Judge Rita Bowry accepted a joint submission from the prosecution and defence for the sentencing of Hong Xu, 66, in front of a courtroom packed with family and friends of the two dead women, Annie Kong and Lieu Nguyen, and the seven others injured.

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Xu had pleaded guilty to driving without due care and attention under B.C.’s Motor Vehicle Act for the crash on Aug. 20, 2022, when she drove her SUV into a neighbour’s yard in an exclusive area of West Vancouver while wedding guests were enjoying cocktails before dinner.

Nguyen, 62, was killed after being pinned by Xu’s Range Rover against the base of a fountain. Xu had also knocked over two stone pillars and a flying boulder fatally struck Kong, 67, in the back of her head.

Seven other guests, including a one-year-old baby in his mother’s arms, suffered injuries ranging from bruises to fractures. The baby’s mother, Melanie Leung, suffered a broken pelvis.

Bowry told court sentencing in cases such as these are difficult because the purpose “is not to compensate for that loss but rather to address the wrongful conduct,” which in this case was “stepping on the accelerator instead of the brake.” She said the conduct fell on the “pure accident” end of the spectrum for the offence.

But the family of Annie Kong said they feel justice hasn’t been served and they would have liked to have seen Xu serve jail time. They said they’re left with questions about why criminal charges weren’t laid.

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“B.C.’s law and ICBC’s no-fault system have reduced this horrific event to something comparable to a minor traffic accident, shielding the offender while my family is left with nothing but grief,” said her son, Nigel Kong, reading from a prepared family statement outside court.

Court heard Xu, who had allowed wedding guests to tour her spacious gardens, had driven out her driveway while a number of the guests were milling on the street and she honked to make them aware of her presence.

Xu said she accidentally stepped on the accelerator instead of the brake, which Bowry accepted.

But Nigel Kong questioned why Xu, who had a record of several tickets for distracted driving, speeding and disobeying traffic signs, had honked at the guests.

“But why honk, what state of mind was she in, was she annoyed, was she wanting to let people get out of the way? Is that the reason why she stepped on the gas and sped off? We don’t know. It could have been because of annoyance instead of accident.”

He said the family also questions how thorough police investigated the incident.

“We don’t have the ability to go back and ask if due process was done properly,” he said.

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Those injured, meanwhile, have said their damages weren’t adequately covered by ICBC under the no-fault system, which doesn’t allow for victims to sue another driver after an accident, unless that driver is convicted of a criminal offence.

They said they ended up paying for their physical and psychological treatment sessions because ICBC caps its payments below what most practitioners charge.

Bowry said Xu had offered compensation to some victims and talks were continuing with others.

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