Hong Kong Case Law: Decisions & Judgments

Topic

Assessment of statutory compensation

Legal area

Court

29 May 2025

黃秋雨對 KWONGSING (HONG KONG) COMPANY LTD T/A 鑊氣三餸飯

Citation

[2025] HKDC 865
Court

District Court
Case number

DCEC559/2023

Court accepted applicant's documentary evidence and testimony, adopted the average of the two most proximate months' wages (Nov and Dec 2022 = HK$21,680) as fair monthly earnings, applied the unchallenged Form 7 findings (1% permanent incapacity and 560 days incapacity) and the statutory formulas in ss.9 and 10 of the Employees' Compensation Ordinance to compute HK$20,812.80 (s9) and HK$323,754.67 (s10), and entered judgment against the respondent (treated as absent due to no valid authorisation) for the total HK$344,567.47 plus ordered interest as specified.
14 Dec 2022

WONG POK MAN v. SPE SUPPLY CHAIN LTD

Citation

[2022] HKDC 1539
Court

District Court
Case number

DCEC728/2021

The court found service of trial documents proper, proceeded in the absence of the respondent, dismissed the unproven defence that the accident fell outside employment, accepted the facts as pleaded by the applicant, treated the Form 7 as conclusive for loss and sick leave, applied Or Wing Ming to calculate monthly earnings from the shorter practicable period, accepted the applicant's earnings and the 12.07% wage adjustment basis, and awarded statutory compensation under sections 9, 10 and 10A totaling HK$226,746.91 with interest and costs as ordered.
27 Jan 2022

HUANG XIAOJU 對 CHAN LAI NGO (陳麗娥), the Administratrix of the estate of TSANG PANG HOI (曾澎海), Deceased

Citation

[2022] HKDC 11
Court

District Court
Case number

DCEC2888/2018

Court accepted applicant's factual account and documentary evidence; found Tsang was employer based on control, payment, provision of tools, work allocation and related records; accident occurred in course of employment under s5(4)(a); Build Craft was principal contractor on objective documentary evidence (payroll forms, Form 2 and conduct including payment of sick pay) and therefore liable under s24; Form 7 assessment adopted for incapacity, days off and 1% permanent loss; compensation calculated under s9, s10 and s10A with prior payments deducted and interest and costs ordered.
28 Mar 2017

HUI SHING HOP v. WONG MING CHUEN t/a CHUEN’S RECYCLE CO

Citation

HUI SHING HOP v. WONG MING CHUEN t/a CHUEN’S RECYCLE CO
Court

District Court
Case number

DCEC1108/2015

Respondent admitted employment at trial and the court accepted the applicant's account, finding the injury occurred in the course of employment on 8 July 2013; statutory compensation awarded totalling $53,002 plus interest and costs under the Employees' Compensation Ordinance.
2 Feb 2017

SZE MAN FAT 對 ASIA AIR CONDITION CO LTD

Citation

SZE MAN FAT 對 ASIA AIR CONDITION CO LTD
Court

District Court
Case number

DCEC1560/2015

Applicant's uncontradicted evidence on earnings was accepted, the Form 7 assessment of 1.5% permanent loss was adopted, and the statutory formulas in ss9,10,10A were applied to compute total compensation of HK$29,320; interest and provisional costs were awarded to the applicant given respondent's default.
20 Jul 2007

SINGH BALWINDER v. SINO PHIL ENGINEERING SERVICES LTD AND ANOTHER

Citation

SINGH BALWINDER v. SINO PHIL ENGINEERING SERVICES LTD AND ANOTHER
Court

District Court
Case number

DCEC374/2003

Court found on balance that the applicant was injured at the site on 15/5/2001 in the course of his employment, that the applicant was employed by the 1st Respondent and both 1st and 2nd Respondents were liable under the Ordinance; the Assessment Board's 2.5% loss of earning capacity was adopted and the applicant's appeal dismissed; final net award HK$26,640 plus interest and costs orders as set out.

Hong Kong Case Law

黃秋雨 對 KWONGSING (HONG KONG) COMPANY LTD T/A 鑊氣三餸飯

WONG POK MAN v. SPE SUPPLY CHAIN LTD

HUANG XIAOJU 對 CHAN LAI NGO (陳麗娥), the Administratrix of the estate of TSANG PANG HOI (曾澎海), Deceased

HUI SHING HOP v. WONG MING CHUEN t/a CHUEN’S RECYCLE CO

SZE MAN FAT 對 ASIA AIR CONDITION CO LTD

SINGH BALWINDER v. SINO PHIL ENGINEERING SERVICES LTD AND ANOTHER

黃秋雨對 KWONGSING (HONG KONG) COMPANY LTD T/A 鑊氣三餸飯