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Hong Kong Case Law

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Employment law [2022] HKDC 1063

LIU XIAOPING v. HUEN HO YIN and HUEN YUEN FAN, the Joint and Several Liquidators of LEUNG SUM KEE ET AL FRAMEWORK, PIPEWORK AND DEMOLISH ENGINEERING LTD (IN LIQUIDATION) AND ANOTHER

The District Court assessed statutory employees’ compensation following a fatal scaffolding accident, fixed earnings at the capped statutory level, and awarded $1,785,300 plus interest and costs.

  • Workers' compensation
  • Fatal workplace accident
  • Calculation of monthly earnings
  • Statutory caps
  • Funeral expenses
  • Interest on awards
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Property law FAN CHI PING v. THE ESTATE OF LEI WING LONG also known as LEI WENG LONG, deceased

FAN CHI PING v. THE ESTATE OF LEI WING LONG also known as LEI WENG LONG, deceased

The court held that the defendant had no entitlement to resumption compensation for land extinguished by adverse possession, and awarded the whole sum to the plaintiff.

  • Resumption compensation
  • Possessory title
  • Adverse possession
  • Apportionment of compensation
  • Interest on compensation
  • Adverse-possession
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Employment law HO YUK SIM v. CHAN WING FAT AND OTHERS

HO YUK SIM v. CHAN WING FAT AND OTHERS

The court held that Fat was the deceased worker’s employer and Kinson was the principal contractor, awarding statutory employees’ compensation, funeral expenses, interest and costs.

  • Employees' compensation
  • Employer liability
  • Principal contractor liability (section 24 eco)
  • Statutory compensation calculation (section 6 eco)
  • Use of convictions in civil proceedings (s62 evidence ordinance)
  • Interest on awards
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Employment law CHAN WAI YIN v. WONG SAU PING, ADA t/a EVERGREEN TRANSPORTATION CO AND ANOTHER

CHAN WAI YIN v. WONG SAU PING, ADA t/a EVERGREEN TRANSPORTATION CO AND ANOTHER

The District Court held that the deceased cross-border truck driver was an employee, not an independent contractor, and awarded statutory compensation with interest.

  • Employment status (employee v independent contractor)
  • Wrongful death/ workers' compensation
  • Assessment of earnings and quantum
  • Apportionment of compensation
  • Costs orders
  • Employee-status
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Employment law LEE CHIU LAN v. VIATECH ENGINEERING LTD AND ANOTHER

LEE CHIU LAN v. VIATECH ENGINEERING LTD AND ANOTHER

District Court employees compensation judgment assessing fatal claims arising from a dredger collision in Hong Kong waters and finding employer and principal contractor liability.

  • Workplace death
  • Employer liability
  • Principal contractor liability
  • Statutory compensation
  • Apportionment of compensation
  • Indemnity claim
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Employment law TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

District Court judgment in eight employees’ compensation claims arising from a dredger collision and sinking in Hong Kong waters, awarding statutory compensation, funeral expenses, interest and costs.

  • Employee compensation
  • Employer liability
  • Principal contractor liability
  • Statutory presumption of employment
  • Apportionment of compensation
  • Interest and costs
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Employment law TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

The District Court held the employer and principal contractor liable for eight workers killed in a dredger collision, and assessed compensation, funeral expenses, interest and costs.

  • Employees compensation ordinance cap.282
  • Fatal injury compensation
  • Employer liability
  • Principal contractor liability
  • Apportionment of compensation
  • Fatal-accident-compensation
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Employment law LKK TRANS LTD v. WONG HOI CHUNG

LKK TRANS LTD v. WONG HOI CHUNG

The Court of Final Appeal held that Employees Compensation Ordinance compensation is not to be apportioned between a work injury and a pre-existing disease.

  • Apportionment of compensation
  • Causation
  • No-fault compensation scheme
  • Deeming provision s.10(5)
  • Workers-compensation
  • Statutory-interpretation
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Employment CHEUNG KAI CHI v. CHEUNG KIN KEUNG AND ANOTHER

CHEUNG KAI CHI v. CHEUNG KIN KEUNG AND ANOTHER

The District Court held that a worker’s death at a construction site was an accident arising in the course of employment and awarded compensation.

  • Death at workplace
  • Arising out of employment
  • In the course of employment
  • Apportionment of compensation
  • Burden of proof
  • Employees-compensation
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Employment law Li Choi Na v. Well Done Garment Factory Ltd.

Li Choi Na v. Well Done Garment Factory Ltd.

The District Court held that the respondent had to pay the applicants’ costs of the apportionment hearing, treating it as part of the litigation as a whole.

  • Apportionment of compensation
  • Costs order
  • Party and party costs
  • Common fund
  • Employees-compensation
  • Costs-order
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.