Hong Kong Case Law: Decisions & Judgments

8 Oct 1998

CHENG WAH MING v. TAI SHING ENGINEERING CO. LTD. and CHINA LIGHT & POWER CO. LTD. (Third Party)

Citation: CHENG WAH MING v. TAI SHING ENGINEERING CO. LTD. and CHINA LIGHT & POWER CO. LTD. (Third Party)
Court: Court of First Instance
Case number: HCPI5/1994

Defendant was negligent and in breach of statutory and common law duties because it failed to take reasonable precautions (not digging trial holes at pavement or adopting alternative excavation approach after noticing broken duct), and having been convicted under Regulation 47(1) the Defendant failed to discharge the shifted burden to prove it was not negligent; Plaintiff proved causation and is entitled to judgment for damages after deduction of statutory compensation paid.

HO YUK YIN AND OTHERS v. LAU AH LUNG AND ANOTHER

Citation

HO YUK YIN AND OTHERS v. LAU AH LUNG AND ANOTHER

Court

Court of First Instance

Case number

HCA2141/1984

The proven careless driving conviction was admissible under s62 Evidence Ordinance and shifted the burden to the 2nd defendant to disprove negligence; on the evidence the 2nd defendant failed to do so and was negligent; the 11‑year‑old plaintiff was 25% contributorily negligent; damages were awarded accordingly.