張秋玲, the only member of the family of 陳兆豐 deceased 對 許佢成 t/a 華昌棚廠

張秋玲, the only member of the family of 陳兆豐 deceased 對 許佢成 t/a 華昌棚廠

The court accepted the employer's own Form 2 declaration of the deceased's average monthly income of HK$35,000 as the most reliable and admissible evidence for s11(1)(b) purposes, therefore monthly income was fixed at HK$35,000 and statutory compensation under s6(1)(b) was assessed at HK$35,000 x 60 = HK$2,100,000,...

Source-derived case information.

Citation
[2025] HKDC 1598
Parties
Applicant: Chang Chiu Lin (張秋玲) on behalf of the family of Chan Siu Fung George (陳兆豐) deceased; Respondent: Hui Kui Shing t/a Wah Cheong Engineering (許佢成)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 September 2025
Case Number
DCEC550/2024
Procedural Posture
Employees' Compensation Claim / Assessment of Compensation (quantum) Following Finding of Liability
Outcome
Applicant awarded statutory employees' compensation; respondent ordered to pay compensation, interest and costs.
Legal Topics
Employees' Compensation Ordinance S6(1)(b) Compensation, Calculation of Monthly Earnings Under S11(1), Interest and Costs on Statutory Compensation
Source Language
ch
Employment Law Workers' Compensation Personal Injury Law Employees' Compensation Ordinance S6(1)(b) Compensation Calculation of Monthly Earnings Under S11(1) Interest and Costs on Statutory Compensation

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Parties

Chang Chiu Lin (張秋玲) on behalf of the family of Chan Siu Fung George (陳兆豐) deceased

Applicant

Hui Kui Shing t/a Wah Cheong Engineering (許佢成)

Respondent

Procedural Posture

Employees' Compensation Claim / Assessment of Compensation (quantum) Following Finding of Liability

  1. 1 Which method under s11(1) (preceding month income v 12‑month average) applies to calculate deceased's monthly income
  2. 2 Whether the employer's Form 2 and statements are admissible and sufficiently probative to establish monthly income
  3. 3 Calculation of statutory compensation under s6(1)(b) and related interest and costs

Ratio Decidendi

The court accepted the employer's own Form 2 declaration of the deceased's average monthly income of HK$35,000 as the most reliable and admissible evidence for s11(1)(b) purposes, therefore monthly income was fixed at HK$35,000 and statutory compensation under s6(1)(b) was assessed at HK$35,000 x 60 = HK$2,100,000, with interest and costs ordered accordingly.

Court Disposition

Applicant awarded statutory employees' compensation; respondent ordered to pay compensation, interest and costs.

Orders

  • Respondent to pay applicant statutory employees' compensation of HK$2,100,000.
  • Respondent to pay interest on the compensation at one‑half of the judgment debt rate from the date of the accident (7 May 2022) to the date of this judgment, thereafter at the full judgment debt rate until the sum is paid.