SIU SAI YING 對 HONG KONG SUNSHINE FOOD AND BEVERAGE MANAGEMENT CO., LTD

SIU SAI YING 對 HONG KONG SUNSHINE FOOD AND BEVERAGE MANAGEMENT CO., LTD

Court accepted applicant's daily wage at HK$700 based on reliable documentary wage proofs, determined monthly income at HK$17,500 by averaging payroll calculations (25 days) under s.11(1)(b), treated the Committee's Form 7 finding of 1.75% permanent loss as final, and computed statutory awards: s.9 compensation...

Source-derived case information.

Citation
[2025] HKDC 1643
Parties
Applicant: SIU SAI YING; Respondent: HONG KONG SUNSHINE FOOD AND BEVERAGE MANAGEMENT CO., LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 November 2025
Case Number
DCEC1431/2024
Procedural Posture
Employees' Compensation Claim / Assessment of Quantum Following Default Judgment
Outcome
Respondent ordered to pay the applicant statutory employees' compensation totalling HK$16,169 together with interest and costs
Legal Topics
Calculation of Monthly Income Under S.11, Permanent Loss Compensation Under S.9, Temporary Incapacity Compensation Under S.10, Medical Expenses Under S.10 a, Interest and Costs, Finality of Form 7
Source Language
ch
Employment Law Workers' Compensation Personal Injury Statutory Interpretation Calculation of Monthly Income Under S.11 Permanent Loss Compensation Under S.9 Temporary Incapacity Compensation Under S.10 Medical Expenses Under S.10 a +2 more

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Parties

SIU SAI YING

Applicant

HONG KONG SUNSHINE FOOD AND BEVERAGE MANAGEMENT CO., LIMITED

Respondent

Procedural Posture

Employees' Compensation Claim / Assessment of Quantum Following Default Judgment

  1. 1 Proper method for calculating monthly income under Employees' Compensation Ordinance s.11 when employment period is very short
  2. 2 Weight to be given to payroll documents, Labour Department forms and applicant statements regarding workdays
  3. 3 Application of Form 7 committee assessment as final on permanent loss of earning capacity

Ratio Decidendi

Court accepted applicant's daily wage at HK$700 based on reliable documentary wage proofs, determined monthly income at HK$17,500 by averaging payroll calculations (25 days) under s.11(1)(b), treated the Committee's Form 7 finding of 1.75% permanent loss as final, and computed statutory awards: s.9 compensation HK$14,700 (HK$17,500×48×1.75%), s.10 compensation HK$70,000 (HK$17,500×4/5×150/30), medical expenses under s.10A HK$909, less prior payments HK$69,440, leaving net HK$16,169; ordered interest and costs accordingly.

Court Disposition

Respondent ordered to pay the applicant statutory employees' compensation totalling HK$16,169 together with interest and costs

Orders

  • Respondent shall pay the applicant HK$16,169 as employees' compensation
  • Respondent shall pay interest on the said sum: at half the statutory judgment rate from 20 February 2024 to the date of this judgment, and thereafter at the full statutory judgment rate until payment in full