LAM KANG v. CHOI HOK YIN AND ANOTHER

LAM KANG v. CHOI HOK YIN AND ANOTHER

On the accepted evidence the defendant's account was credible and established that the fatal shot was accidental in the course of lawful police action; the plaintiff failed to prove intentional assault or negligence; PGOs do not of themselves create an independent civil cause of action and, in any event, no breach was established; accordingly the plaintiff's claim fails and is dismissed.

Citation
LAM KANG v. CHOI HOK YIN AND ANOTHER
Parties
Plaintiff (personal Representative of the Estate of Lam Cho Kin): LAM KANG; 1st Defendant: CHOI HOK YIN; 2nd Defendant (acting for Commissioner of Police): SECRETARY FOR JUSTICE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 June 2006
Case Number
HCPI557/2004
Procedural Posture
Personal Injuries (fatal Accidents) / Judgment at Trial (handed Down 6 June 2006)
Outcome
Claim dismissed
Legal Topics
Wrongful Death, Negligence, Assault/trespass to the Person, Breach of Administrative Orders (pgos), Hearsay Evidence, Costs
Source Language
EN
Tort Police Law Evidence Civil Procedure Wrongful Death Negligence Assault/trespass to the Person Breach of Administrative Orders (pgos) +2 more

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Parties

LAM KANG

Plaintiff (personal Representative of the Estate of Lam Cho Kin)

CHOI HOK YIN

1st Defendant

SECRETARY FOR JUSTICE

2nd Defendant (acting for Commissioner of Police)

Procedural Posture

Personal Injuries (fatal Accidents) / Judgment at Trial (handed Down 6 June 2006)

Legal Issues

  1. 1 Whether the defendant committed an intentional assault or unlawful trespass to the person by shooting the deceased
  2. 2 Whether the Police General Orders (PGOs) give rise to an independent civil cause of action
  3. 3 Whether the defendant was negligent in discharging his firearm

Ratio Decidendi

On the accepted evidence the defendant's account was credible and established that the fatal shot was accidental in the course of lawful police action; the plaintiff failed to prove intentional assault or negligence; PGOs do not of themselves create an independent civil cause of action and, in any event, no breach was established; accordingly the plaintiff's claim fails and is dismissed.

Court Disposition

Claim dismissed

Orders

  • Costs order nisi that the costs of this action be paid by the plaintiff to the defendants to be taxed if not agreed (pursuant to Ord 42 r 5B(6))
  • Plaintiff's solicitors to show cause under Ord.62 r.8(1)(a) and r.8(2) if they seek solicitor-and-own-client costs relating to the trial bundles in excess of one-ninth of those costs