Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Construction sites (safety) regulations (cssr)

Legal area

Court

24 Jul 2025

LAU LAN YING v. TOP HILL COMPANY AND ANOTHER

Citation

[2025] HKDC 894
Court

District Court
Case number

DCPI2941/2021

Plaintiff failed to prove on the balance of probabilities that the accident occurred at the alleged Access Path (Location 2); contemporaneous records and inconsistencies undermined her credibility; the Access Path was outside the workplace and not under defendants' control, so statutory duties under OSHO/CSSR and occupiers' duties under OLO did not apply; therefore there was no proven negligence or breach by D1 or D2 and both claims were dismissed.
26 Feb 2004

LAM FUNG YING AND ANOTHER v. LUI KWOK FU

Citation

LAM FUNG YING AND ANOTHER v. LUI KWOK FU
Court

Court of First Instance
Case number

HCPI826/2002

Judge found on the facts that the deceased was an employee of the defendant and not a partner; the scaffold on the external wall was a construction site within the meaning of the legislation; the defendant as contractor and employer owed absolute, non-delegable statutory and common law duties to ensure safety and to provide safety equipment and breached those duties by failing to provide safety equipment (eg safety belt) and by accepting the scaffold conditions; the defendant's breach caused the fatal fall; the defendant failed to prove the third party's breach (absence of toe-boards) caused…