CHAN MAN SAU 對 風采中學(教育評議會主辦)法團校董會

CHAN MAN SAU 對 風采中學(教育評議會主辦)法團校董會

For each claim the court assessed whether the impugned words or events were sudden, unusual and objectively capable of causing bodily injury. The judge accepted the head injury of 29 Jan 2019 was caused by contact with a protruding sign (applicant succeeded in DCEC 2171/2020) but rejected the other five claims...

Source-derived case information.

Citation
[2025] HKDC 1354
Parties
Applicant: CHAN MAN SAU; Respondent: 風采中學(教育評議會主辦)法團校董會
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 August 2025
Case Number
DCEC838/2022
Procedural Posture
Employees' Compensation Claims Under Employees' Compensation Ordinance (cap.282) / Trial and Judgment on Liability; Partial Determination of Compensation
Outcome
Applicant successful only in DCEC 2171/2020 (head injury claim); applicant unsuccessful in DCEC 2174/2020, 2172/2020, 961/2022, 838/2022 and 962/2022; costs orders allocated between parties as below.
Legal Topics
Workplace Accident, Psychiatric Injury, Causation, Evidence, Statutory Interpretation
Source Language
ch
Employment Law Workers' Compensation Personal Injury Civil Procedure Workplace Accident Psychiatric Injury Causation Evidence +1 more

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Parties

CHAN MAN SAU

Applicant

風采中學(教育評議會主辦)法團校董會

Respondent

Procedural Posture

Employees' Compensation Claims Under Employees' Compensation Ordinance (cap.282) / Trial and Judgment on Liability; Partial Determination of Compensation

  1. 1 Whether each alleged incident constituted an "accident" under s.5(1) of the Employees' Compensation Ordinance
  2. 2 Whether alleged psychiatric injuries amount to bodily injury caused by a sudden and unexpected event
  3. 3 Causation between alleged events and claimed physical/psychiatric injuries

Ratio Decidendi

For each claim the court assessed whether the impugned words or events were sudden, unusual and objectively capable of causing bodily injury. The judge accepted the head injury of 29 Jan 2019 was caused by contact with a protruding sign (applicant succeeded in DCEC 2171/2020) but rejected the other five claims because evidence was insufficient or the conduct complained of fell within ordinary school management or reassurance/context rather than an unexpected harmful act, and therefore did not amount to an "accident" under s.5(1). Delay, failure to report contemporaneously and inconsistencies undermined applicant's credibility for the dismissed claims.

Court Disposition

Applicant successful only in DCEC 2171/2020 (head injury claim); applicant unsuccessful in DCEC 2174/2020, 2172/2020, 961/2022, 838/2022 and 962/2022; costs orders allocated between parties as below.

Orders

  • Judgment for applicant in DCEC 2171/2020; respondent to pay statutory compensation of HK$300 (medical expense) to applicant for that claim
  • Judgments for respondent in the other five consolidated claims (2174/2020, 2172/2020, 961/2022, 838/2022, 962/2022) — applicant's claims dismissed