Hong Kong Case Law: Decisions & Judgments

Topic

Calculation of compensation

Legal area

Court

9 Feb 2026

TSO MAN KUEN JASMINE v. POON CHUK HUNG

Citation

[2026] HKCA 121
Court

Court of Appeal
Case number

CAMP27/2025

Leave to appeal was refused because the plaintiff failed to comply with mandatory affidavit requirements under Order 14 r 2(1), the statement of claim did not plead the alleged fraud relied on for summary judgment, there were genuine issues to be tried so summary judgment and interim payment were inappropriate, and the proposed grounds of appeal were unparticularised and had no reasonable prospect of success under ss 63/63A and Order 59.
31 Oct 2025

LIU XIRU v. RAD LTD

Citation

[2025] HKDC 1821
Court

District Court
Case number

DCEC993/2023

Applying the holistic indicia from Poon Chau Nam, the court found on the totality of evidence that the Applicant operated a business on her own account and was an independent contractor: minimal control by the Respondent, Applicant used her own tools, could appoint substitutes, worked for multiple principals with overlapping schedules, no MPF or employer tax reporting, and written evidence from other principals described her as self‑employed; accordingly the Respondent was not liable under the ECO and the action was dismissed.
18 Jan 2024

WANG ZHONGQIU 對 YES CUT LTD

Citation

[2024] HKDC 120
Court

District Court
Case number

DCEC1475/2020

Court accepted applicant's evidence that monthly income at the time of the accident was HK$16,800 (supported by employer's Form 2 and a matching bank deposit) and adopted the Form 7 findings of 113 days temporary incapacity and 1.5% permanent loss; applying the Employees' Compensation Ordinance, the court awarded HK$18,144 under s9, HK$50,624 under s10 and HK$1,849 for medical expenses under s10A, totalling HK$70,617; hearing proceeded in respondent's absence as service was effected in accordance with court orders; interest and costs ordered as specified.
27 Jan 2021

LAW CHING YU v. CHENG KWOK WING LEO t/a SECURITY CONSULTANT & ENGINEERING CO.

Citation

[2021] HKDC 99
Court

District Court
Case number

DCEC2750/2015

Respondent held liable: court accepted claimant's documentary evidence establishing employment, rejected respondent's factual objections for lack of evidence (failure to comply with unless order), held illegality defence unavailable under s2(2) E.C. Ordinance, and adopted claimant's computed average monthly earnings HK$7,609.17 to award statutory compensation totalling HK$66,537.24 plus interest and costs.
20 Apr 2017

NG WING KWONG 對 TAM CHI WING t/a WING FUNG ENGINEERING CO 及另一人

Citation

NG WING KWONG 對 TAM CHI WING t/a WING FUNG ENGINEERING CO 及另一人
Court

District Court
Case number

DCEC892/2015

Court found on evidence that no binding settlement agreement existed (defendants failed to prove existence and failed to file witness statements), and even if it existed it would be invalid under s31; TCN is liable as principal contractor under s24(1); the court used the 12-month average monthly income (HK$14,154) as most favourable under s11(1) and applied statutory formulas to award HK$30,573 (s9), HK$102,878 (s10 after deducting HK$33,000 already paid) and HK$6,161 (s10A) totalling HK$139,612 plus interest; defendants liable jointly and severally and ordered to pay costs.
4 Feb 2010

XIE SHAOFU v. CHOW TUNG SHING

Citation

XIE SHAOFU v. CHOW TUNG SHING
Court

District Court
Case number

DCEC273/2009

Adopted the Applicant's evidence that monthly earnings immediately preceding the accident were HK$14,000 pursuant to s11(1)(a); accepted the Board's unappealed assessment of 3% permanent loss; applied statutory formulas under s9, s10 and s10A to compute HK$30,240 (s9), HK$40,693 (s10) and HK$1,137 (s10A), and certified the total compensation as HK$67,370; awarded interest at 4% per annum from date of accident to date of judgment and thereafter at the judgment rate until payment.
8 Oct 2009

YU TAT KAM v. CHU TUNG SHING AND ANOTHER

Citation

YU TAT KAM v. CHU TUNG SHING AND ANOTHER
Court

Court of Appeal
Case number

CACV25/2008

s.10(2) creates a rebuttable operative presumption of total temporary incapacity for the certified period for the purposes of claim initiation, but does not preclude reductions under s.10(1); the employer bears the burden of proving actual earnings or capability to earn during the certified period, and proven earnings must be accounted for in the s.10 calculation. On those principles the district court award was set aside and the correct s.10 award was calculated and entered for the applicant.
10 Oct 2006

CHAN CHI SHING v. CHAN SHU KUEN AND ANOTHER

Citation

CHAN CHI SHING v. CHAN SHU KUEN AND ANOTHER
Court

District Court
Case number

DCEC785/2005

Court found on the balance of probabilities that the 1st Respondent was a subcontractor and the Applicant's direct employer and the 2nd Respondent was the principal contractor; the scaffold provided by the 2nd Respondent was assembled and used without prior inspection causing the fall; injuries arose out of and in the course of employment; statutory compensation calculated under ss.7,9,10 and 10A must be awarded, with credit for payments received, interest and costs.
18 May 2006

KHAN ASLAM v. WASTECH ENGINEERING INTERNATIONAL LTD

Citation

KHAN ASLAM v. WASTECH ENGINEERING INTERNATIONAL LTD
Court

District Court
Case number

DCEC633/2004

On the balance of probabilities the court preferred the Applicant's evidence and accepted the medical evidence that the injuries were consistent with his account; the court found the accident occurred in the course of employment, adopted the Medical Assessment Board's 1% permanent loss finding and awarded compensation totalling HKD 100,139.14 with interest at 4% from 3 November 2003 to 26 April 2006.
24 Jun 2004

KHAN SUJAD v. HO HO KWONG t/a A STEP AHEAD CLEANING ENGINEERING CO

Citation

KHAN SUJAD v. HO HO KWONG t/a A STEP AHEAD CLEANING ENGINEERING CO
Court

District Court
Case number

DCEC412/2003

The court accepted the applicant's uncontradicted evidence, found employment and injury on 21 March 2002, applied Sections 9, 10 and 10A of the Employees Compensation Ordinance, calculated compensation based on $450/day and 20 working days/month and awarded medical expenses, sick leave compensation and permanent partial incapacity, together with specified interest and costs.