CHOW KIN HANG ALI 對 SECRETARY FOR JUSTICE FOR AND ON BEHALF OF FOOD AND ENVIRONMENTAL HYGIENE DEPARTMENT

CHOW KIN HANG ALI 對 SECRETARY FOR JUSTICE FOR AND ON BEHALF OF FOOD AND ENVIRONMENTAL HYGIENE DEPARTMENT

On balance the events of 20 June 2017 were part of routine disciplinary/administrative redeployment and attendant interactions, not an "accident" within s5(1); the claimant's psychiatric condition pre‑existed and the claimant failed to prove causation or any permanent reduction in earning capacity; accordingly the...

Source-derived case information.

Citation
[2023] HKDC 237
Parties
Applicant: CHOW KIN HANG ALI; Respondent: Secretary for Justice for and on behalf of Food and Environmental Hygiene Department
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 March 2023
Case Number
DCEC1413/2019
Procedural Posture
Employee Compensation Claim / Trial Judgment
Outcome
Application dismissed; employee compensation claim revoked; temporary costs order made in favour of respondent
Legal Topics
Definition of "accident" Under S5(1), Psychiatric Injury Causation, Assessment of Permanent Partial Incapacity Under S9, Temporary Incapacity Under S10, Evidence and Credibility of Witnesses
Source Language
ch
Employment Law Workers' Compensation Personal Injury Law Administrative Law Occupational Health Definition of "accident" Under S5(1) Psychiatric Injury Causation Assessment of Permanent Partial Incapacity Under S9 +2 more

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Parties

CHOW KIN HANG ALI

Applicant

Secretary for Justice for and on behalf of Food and Environmental Hygiene Department

Respondent

Procedural Posture

Employee Compensation Claim / Trial Judgment

  1. 1 Whether the events of 20 June 2017 constituted an "accident" arising out of and in the course of employment under s5(1)
  2. 2 Whether the claimant's psychiatric injury was caused by any such accident
  3. 3 Whether claimant is entitled to compensation under s9 (permanent partial incapacity) and s10 (temporary total incapacity)

Ratio Decidendi

On balance the events of 20 June 2017 were part of routine disciplinary/administrative redeployment and attendant interactions, not an "accident" within s5(1); the claimant's psychiatric condition pre‑existed and the claimant failed to prove causation or any permanent reduction in earning capacity; accordingly the compensation claim is dismissed and the Form 9 assessment does not establish entitlement.

Court Disposition

Application dismissed; employee compensation claim revoked; temporary costs order made in favour of respondent

Orders

  • Application for employees' compensation dismissed and revoked
  • Interim costs order: applicant must pay respondent's costs of the proceedings including reserved costs and counsel's certificate; quantum to be assessed by taxing officer if parties disagree