KWOK CHI MAN 對 SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF ELECTRICAL MECHANICAL SERVICES

KWOK CHI MAN 對 SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF ELECTRICAL MECHANICAL SERVICES

Claim struck out because claimant plainly and obviously failed to discharge the evidential burden to prove on the balance of probabilities that his COVID‑19 infection arose out of and in the course of his employment; absence of contemporaneous reporting, lack of medical or environmental evidence linking infection to...

Source-derived case information.

Citation
[2026] HKDC 395
Parties
Applicant: KWOK CHI MAN; Respondent: SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF ELECTRICAL MECHANICAL SERVICES
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 March 2026
Case Number
DCEC14/2024
Procedural Posture
Employees' Compensation Removal (strike‑out) Application Under Order 18 R.19 / Hearing on Strike‑out Application; Judgment on Removal Application
Outcome
Applicant's claim struck out (removal of originating claim granted)
Legal Topics
Causation, Definition of 'accident', Strike‑out Under Order 18 R.19, Burden of Proof, Covid‑19 Infection as Workplace Accident, Costs
Source Language
ch
Employment Law Workers' Compensation Civil Procedure Personal Injury Public Health Law Causation Definition of 'accident' Strike‑out Under Order 18 R.19 +3 more

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Parties

KWOK CHI MAN

Applicant

SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF ELECTRICAL MECHANICAL SERVICES

Respondent

Procedural Posture

Employees' Compensation Removal (strike‑out) Application Under Order 18 R.19 / Hearing on Strike‑out Application; Judgment on Removal Application

  1. 1 Whether applicant proved on balance of probabilities that COVID‑19 infection arose out of and in the course of employment
  2. 2 Whether COVID‑19 infection qualifies as an 'accident' under s.5(1) Employees' Compensation Ordinance
  3. 3 Whether alleged infection caused claimant's back pain and stiffness

Ratio Decidendi

Claim struck out because claimant plainly and obviously failed to discharge the evidential burden to prove on the balance of probabilities that his COVID‑19 infection arose out of and in the course of his employment; absence of contemporaneous reporting, lack of medical or environmental evidence linking infection to workplace, contradictory documentary record and alternative explanations rendered the claim incapable of success under O.18 r.19.

Court Disposition

Applicant's claim struck out (removal of originating claim granted)

Orders

  • Applicant's originating employees' compensation claim is struck out and the proceedings are dismissed
  • Applicant ordered to pay the respondent's costs of this application; if parties cannot agree costs the amount to be assessed by the taxing officer