Hong Kong Case Law: Decisions & Judgments

Topic

Compulsory insurance

Legal area

Court

6 Jul 2017

LO SIU WA v. EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD AND ANOTHER

Citation

LO SIU WA v. EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD AND ANOTHER
Court

Court of Appeal
Case number

CACV40/2016

The Court granted leave to appeal because the questions raised about construction of insurance policies under Part IV ECO and the statutory protection of employees are of great, general and public importance; it also allowed the admission of evidence from other cases for the leave application and made costs orders accordingly.
6 Jul 2017

LO SIU WA v. EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD AND ANOTHER

Citation

LO SIU WA v. EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD AND ANOTHER
Court

Court of Appeal
Case number

CACV39/2016

The Court granted leave to appeal because the questions raised about the proper interpretation of Part IV ECO and related insurance policies engage issues of great, general and public importance given the compulsory insurance regime and potential widespread impact on employees' compensation; accordingly the case warrants determination by the Court of Final Appeal and additional evidence on similar denials was permitted for the leave application.
16 Oct 2008

CHOI SIN FUN AND ANOTHER v. CHARTERED ENVIRONMENTALIST LTD AND ANOTHER

Citation

CHOI SIN FUN AND ANOTHER v. CHARTERED ENVIRONMENTALIST LTD AND ANOTHER
Court

District Court
Case number

DCEC1000/2007

On the balance of probabilities the court found the Deceased was the employee of the 2nd Respondent and the 1st Respondent was the principal contractor; both respondents were therefore jointly liable under the Employees' Compensation Ordinance for statutory compensation and funeral expenses. The court awarded HK$771,160 as employees' compensation and HK$35,000 for funeral expenses, ordered interest at half the District Court judgment rate from the relevant dates to judgment and full judgment rate thereafter, awarded costs, and apportioned 95% of the compensation to the mother and 5% to the br…
8 Oct 2001

LEUNG SIU MUI v. THE TAI PING INSURANCE CO. LTD.

Citation

LEUNG SIU MUI v. THE TAI PING INSURANCE CO. LTD.
Court

District Court
Case number

DCMP573/2001

The deeming in s.24(1) does not extend to the compulsory insurance regime in Part IV; 'employer' in Part IV refers to the immediate/direct employer required to maintain an employees' compensation policy under the Ordinance, and a public liability policy that does not purport to be a Part IV employees' compensation policy cannot be claimed against under s.44(1). Consequently the plaintiff cannot recover under the defendant's public liability policy and the originating summons is dismissed.
10 Jan 2000

CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO. LTD. AND ANOTHER

Citation

CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO. LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCPI1269/1996

It was reasonable to join the 1st defendant given the shared solicitors, minimal additional trial time, the relevance of the deceased's relationship to contributory negligence, and the 1st defendant's status as employer required to carry compulsory insurance; accordingly a Sanderson order was made requiring the 2nd defendant to meet the plaintiffs' costs including those incurred against the 1st defendant and specified interim payments.
10 Jan 2000

CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO. LTD. AND ANOTHER

Citation

CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO. LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCPI1267/1996

It was reasonable in all the circumstances to join the 1st defendant (given common solicitors, the relevance of the employment relationship to contributory negligence and the 1st defendant's compulsory insurance), and therefore a Sanderson order was made requiring the 2nd defendant to pay the plaintiffs' entire costs, with specified interim payments.
12 Jun 1991

LEUNG CHACK v. ASIA INSURANCE CO. LTD.

Citation

LEUNG CHACK v. ASIA INSURANCE CO. LTD.
Court

Court of Appeal
Case number

CACV173/1990

Majority held that the insurance policy's express limitation to the insured's immediate employees and its exclusion for liability to employees of contractors could not be displaced by the Employees' Compensation Ordinance in the circumstances; ss.24 and 43(1) did not operate to make the respondent insurer liable to the appellant and the appeal was dismissed.
26 Apr 1991

WOO KIN WAH v. SOMEC (HK) LTD AND OTHERS

Citation

WOO KIN WAH v. SOMEC (HK) LTD AND OTHERS
Court

Court of Appeal
Case number

CACV18/1991

Appeal dismissed: s.24 does not make a principal contractor liable for damages independently recoverable and cannot be used to convert a principal contractor into the employer for purposes of s.43; s.43(3) does not deprive the court of discretion to refuse joinder where the insurer has not shown the policy covers the claim and where joinder would produce unfair duplication of representation; accordingly the application to be added as a co-defendant was misconceived and properly refused.