MAK YUK KIU AND ANOTHER v. TIN SHING AUTO RADIO CTR LTD AND ANOTHER

MAK YUK KIU AND ANOTHER v. TIN SHING AUTO RADIO CTR LTD AND ANOTHER

The defendant driver was negligent and failed to exercise special care at a stud crossing; his conviction for careless driving under s62 gave rise to a presumption of negligence which he failed to rebut; liability apportioned 75% to the deceased and 25% to the defendant; although the deceased's income from fortune telling was derived from an activity unlawful under s25, dependants are not barred from recovering loss of support under the Fatal Accidents Ordinance.

Citation
MAK YUK KIU AND ANOTHER v. TIN SHING AUTO RADIO CTR LTD AND ANOTHER
Parties
Plaintiff (co Administratrix of the Estate of WONG HON Kin): MAK YUK KIU; Plaintiff (co Administrator of the Estate of WONG HON Kin): WONG YUEN CHOW; Defendant (owner of Vehicle): TIN SHING AUTO RADIO CTR LTD.; Defendant (driver): LEE KOON BO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 December 1980
Case Number
HCA2583/1979
Procedural Posture
Civil Tort (fatal Accidents) / Judgment (high Court Trial)
Outcome
Judgment for plaintiffs in part; liability apportioned 75% to deceased and 25% to defendant; monetary award to plaintiffs.
Legal Topics
Negligence, Contributory Negligence, Ex Turpi Causa Non Oritur Actio, Admissibility of Criminal Convictions in Civil Proceedings, Interpretation of Summary Offences Ordinance S25, Damages Assessment Under Fatal Accidents Ordinance
Source Language
EN
Tort Evidence Criminal Law Public Policy Negligence Contributory Negligence Ex Turpi Causa Non Oritur Actio Admissibility of Criminal Convictions in Civil Proceedings +2 more

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Parties

MAK YUK KIU

Plaintiff (co Administratrix of the Estate of WONG HON Kin)

WONG YUEN CHOW

Plaintiff (co Administrator of the Estate of WONG HON Kin)

TIN SHING AUTO RADIO CTR LTD.

Defendant (owner of Vehicle)

LEE KOON BO

Defendant (driver)

Procedural Posture

Civil Tort (fatal Accidents) / Judgment (high Court Trial)

Legal Issues

  1. 1 Was the defendant negligent and to what extent relative to the deceased?
  2. 2 What is the effect of the defendant's criminal conviction (careless driving) under Section 62 Evidence Ordinance on civil liability?
  3. 3 Whether dependants can recover under the Fatal Accidents Ordinance where the deceased's income derived from illegal fortune telling (Section 25 Summary Offences Ordinance)

Ratio Decidendi

The defendant driver was negligent and failed to exercise special care at a stud crossing; his conviction for careless driving under s62 gave rise to a presumption of negligence which he failed to rebut; liability apportioned 75% to the deceased and 25% to the defendant; although the deceased's income from fortune telling was derived from an activity unlawful under s25, dependants are not barred from recovering loss of support under the Fatal Accidents Ordinance.

Court Disposition

Judgment for plaintiffs in part; liability apportioned 75% to deceased and 25% to defendant; monetary award to plaintiffs.

Orders

  • Judgment entered for the plaintiffs against the defendants in the sum of HKD 23,162.50 (total award after apportionment)