CHAN HUI MAY KIU 對 CHING WING FAT及另一人

CHAN HUI MAY KIU 對 CHING WING FAT及另一人

First defendant (Ching) liable for the assault on CHAN HUI MAY KIU and must pay damages; second defendant (Tung Wah) owed visitors a duty of care but the assault was an intentional third‑party act which was not shown to be a reasonably foreseeable or preventable consequence of Tung Wah's management such that...

Source-derived case information.

Citation
[2025] HKCFI 6428
Parties
Plaintiff (hcpi 1394/2016): CHAN HUI MAY KIU; Plaintiff (hcpi 1396/2016): CHAN HEI MAN; First Defendant: CHING WING FAT; Second Defendant: TUNG WAH GROUP OF HOSPITALS
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 2025
Case Number
HCPI1394/2016
Procedural Posture
Personal Injury Tort / Judgment (trial Concluded)
Outcome
Judgment: HCPI 1394/2016 judgment for plaintiff CHAN HUI MAY KIU against first defendant CHING WING FAT; claims against second defendant TUNG WAH GROUP OF HOSPITALS dismissed. HCPI 1396/2016 claims by CHAN HEI MAN against both defendants dismissed.
Legal Topics
Assault, Duty of Care, Causation, Remoteness, Contributory Negligence, Indemnity and Contribution, Privity of Contract, Quantification of Damages
Source Language
ch
Tort Occupiers' Liability Contract Law Evidence Civil Procedure Damages Law Assault Duty of Care +6 more

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Parties

CHAN HUI MAY KIU

Plaintiff (hcpi 1394/2016)

CHAN HEI MAN

Plaintiff (hcpi 1396/2016)

CHING WING FAT

First Defendant

TUNG WAH GROUP OF HOSPITALS

Second Defendant

Procedural Posture

Personal Injury Tort / Judgment (trial Concluded)

  1. 1 factual sequence of the assault and whether the daughter was also assaulted
  2. 2 whether first defendant and/or occupier owed plaintiffs a duty of care and scope of that duty
  3. 3 whether any breach by the occupier causally caused the assault injuries

Ratio Decidendi

First defendant (Ching) liable for the assault on CHAN HUI MAY KIU and must pay damages; second defendant (Tung Wah) owed visitors a duty of care but the assault was an intentional third‑party act which was not shown to be a reasonably foreseeable or preventable consequence of Tung Wah's management such that causation failed; plaintiff CHAN HEI MAN failed to prove she was assaulted; accordingly claims against Tung Wah dismissed and CHAN HEI MAN's claims dismissed; damages to CHAN HUI MAY KIU assessed at HK$56,380 plus interest and costs as ordered.

Court Disposition

Judgment: HCPI 1394/2016 judgment for plaintiff CHAN HUI MAY KIU against first defendant CHING WING FAT; claims against second defendant TUNG WAH GROUP OF HOSPITALS dismissed. HCPI 1396/2016 claims by CHAN HEI MAN against both defendants dismissed.

Orders

  • First defendant CHING WING FAT to pay plaintiff CHAN HUI MAY KIU damages of HK$56,380 together with interest as set out in the judgment (general damages interest at 2% per annum from commencement of proceedings; specified items interest from incident date at half the judgment rate; post‑judgment interest at the...
  • Claims by CHAN HUI MAY KIU and CHAN HEI MAN against TUNG WAH GROUP OF HOSPITALS are dismissed; CHAN HUI MAY KIU to pay TUNG WAH GROUP OF HOSPITALS' costs in HCPI 1394/2016 (assessed on High Court scale) unless agreed; CHAN HEI MAN to pay costs of both defendants in HCPI 1396/2016 (assessed on High Court scale)...