KWOK YIN CHUN for herself and acting on behalf of members of the family of WONG CHI HUNG, deceased v. KING’S PAK CHINA HK LOGISTICS CO LTD

KWOK YIN CHUN for herself and acting on behalf of members of the family of WONG CHI HUNG, deceased v. KING’S PAK CHINA HK LOGISTICS CO LTD

The court accepted the deceased's contemporaneous handwritten notes averaging HK$27,745 per month as his pre-accident earnings, applied the 36-month multiplier under s.6(1)(c) producing HK$998,820, awarded the statutory funeral expenses cap of HK$83,700 under s.6(5), and ordered interest and costs as specified.

Citation
[2022] HKDC 920
Parties
Applicant (wife of the Deceased): Kwok Yin Chun; Respondent (employer): King's Pak China-HK Logistics Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 September 2022
Case Number
DCEC2801/2019
Procedural Posture
Employees' Compensation / Assessment of Compensation Following Interlocutory Judgment Against Respondent
Outcome
Applicant awarded statutory death compensation and funeral expenses; respondent ordered to pay costs.
Legal Topics
Employees' Compensation Ordinance, Fatal Injury Compensation, Funeral Expenses, Earnings Assessment, Interest and Costs
Source Language
EN
Employment Law Statutory Compensation Civil Procedure Employees' Compensation Ordinance Fatal Injury Compensation Funeral Expenses Earnings Assessment Interest and Costs

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Parties

Kwok Yin Chun

Applicant (wife of the Deceased)

King's Pak China-HK Logistics Company Limited

Respondent (employer)

Procedural Posture

Employees' Compensation / Assessment of Compensation Following Interlocutory Judgment Against Respondent

Legal Issues

  1. 1 Monthly earnings of the deceased immediately before the accident
  2. 2 Entitlement and quantum of funeral expenses
  3. 3 Appropriate interest rate and costs orders

Ratio Decidendi

The court accepted the deceased's contemporaneous handwritten notes averaging HK$27,745 per month as his pre-accident earnings, applied the 36-month multiplier under s.6(1)(c) producing HK$998,820, awarded the statutory funeral expenses cap of HK$83,700 under s.6(5), and ordered interest and costs as specified.

Court Disposition

Applicant awarded statutory death compensation and funeral expenses; respondent ordered to pay costs.

Orders

  • Award HK$998,820 as compensation under s.6(1)(c) (HK$27,745 x 36).
  • Award HK$83,700 for funeral expenses under s.6(5) (statutory maximum).