Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Close connection test for vicarious liability

Legal area

Court

30 Sept 2011

CHEUNG CHAK FUI AND ANOTHER v. SUN HING ORGANIZATION PLASTIC MANAGEMENT LTD

Citation

CHEUNG CHAK FUI AND ANOTHER v. SUN HING ORGANIZATION PLASTIC MANAGEMENT LTD
Court

Court of First Instance
Case number

HCPI91/2008

The court found on the facts that Sun Hing did not implement reasonable measures to separate duties or otherwise protect the plaintiff despite being warned, that this breach materially contributed to the assault, and that Sun Hing was negligent and liable to the plaintiff; however the assault was not sufficiently closely connected to employment to impose vicarious liability on Sun Hing. Damages were assessed and reduced by prior employees' compensation.
20 Oct 2008

CHENG MUK PING v. CHAN\'S MACHINE ENGINEERING CO LTD

Citation

CHENG MUK PING v. CHAN\'S MACHINE ENGINEERING CO LTD
Court

District Court
Case number

DCPI932/2007

The court found on the evidence and an earlier written admission that Mr. Yip was the Defendant's employee and, applying the close connection test, his negligent operation occurred in the course of employment; the Defendant therefore is vicariously liable. The Defendant breached its duty to provide a safe system of work and adequate supervision; the Plaintiff was not contributorily negligent because the unsafe practice was known and accepted by the employer. Damages were assessed accordingly.