Hong Kong Case Law: Decisions & Judgments

Topic

Course of employment

Legal area

Court

6 Dec 2023

TSOI CHUN YIN v. 楊潮明 AND ANOTHER

Citation

[2023] HKDC 1656
Court

District Court
Case number

DCEC541/2021

Court found on the facts the applicant was an employee of Ming Kee at the time of the accident; 2nd Respondent (sole proprietor of Ming Kee) liable; the journey fell within s5(4)(d) as transport arranged pursuant to employer arrangements and thus accident arose out of and in the course of employment; applicant's appeal against MAB Form 7 was dismissed on medical evidence; compensation assessed as HKD 138,672 (s9), HKD 392,406 (s10) and HKD 5,005 (s10A) totaling HKD 536,083; claim against 1st Respondent dismissed.
12 Apr 2023

CHAN TAK FUN 對 LEE KIM KWOK t/a SHUN TIN CLEANING SERVICES CO

Citation

[2023] HKDC 484
Court

District Court
Case number

DCEC707/2021

Applicant was an employee acting on respondent's instruction when the accident occurred; respondent failed to verify and adduce ordered evidence and therefore could not rely on its letter or call witnesses; the Form 9 assessment stands at 5% permanent loss and monthly earnings for calculation are HK$21,969, yielding compensation of HK$52,725.60; medical expense claim denied for lack of receipts; interest and costs awarded to applicant.
31 Mar 2022

SIU WAI YIU 對劉彥麟及另一人

Citation

[2022] HKDC 244
Court

District Court
Case number

DCEC603/2020

On the facts the claimant remained an employee of Tai Ping Di at the time of the accident; the accident occurred as pleaded and caused the injuries; the injuries arose out of and in the course of employment; the Form 9 review findings on injury and disability are binding absent appeal and the statutory formula governs compensation; the s44A disclosure application failed because claimant's pleaded case was that no policy existed and the statutory inspection remedy was not a procedural basis to compel disclosure inconsistent with his pleaded position.
27 Jan 2022

HUANG XIAOJU 對 CHAN LAI NGO (陳麗娥), the Administratrix of the estate of TSANG PANG HOI (曾澎海), Deceased

Citation

[2022] HKDC 11
Court

District Court
Case number

DCEC2888/2018

Court accepted applicant's factual account and documentary evidence; found Tsang was employer based on control, payment, provision of tools, work allocation and related records; accident occurred in course of employment under s5(4)(a); Build Craft was principal contractor on objective documentary evidence (payroll forms, Form 2 and conduct including payment of sick pay) and therefore liable under s24; Form 7 assessment adopted for incapacity, days off and 1% permanent loss; compensation calculated under s9, s10 and s10A with prior payments deducted and interest and costs ordered.
19 Feb 2021

TSE CHIU v. 郭健 AND OTHERS

Citation

[2021] HKDC 191
Court

District Court
Case number

DCEC1141/2018

On the totality of the Poon Chau Nam indicia the claimant was an employee of the 2nd respondent and the 3rd respondent (not of the 1st respondent): respondents exercised significant control, supplied and maintained the tractor, paid regular monthly remuneration characterized in company documents as wages, reimbursed expenses and absorbed payment risk; therefore the accident occurred in the course of employment and statutory compensation under Cap 282 is payable to the claimant.
15 Dec 2020

CHEUNG TAK HING v. 文佑德經營泉興裝飾公司 AND ANOTHER

Citation

[2020] HKDC 1150
Court

District Court
Case number

DCEC1809/2018

Considering totality of indicia — degree of control by respondent, provision and storage of equipment by respondent, respondent bearing financial risk, payment pattern, exclusivity and documentary admissions — court found applicant was an employee; the accident occurred in course of employment and was not due to serious and wilful misconduct; applicant's monthly earnings for month preceding accident found to be HK$32,500 (HK$1,250 x 26 days) for computation; statutory cap applied for section 9; consequently compensation awards as calculated followed.
3 Jan 2020

NG SIK KAI v. LUI WING LOK t/a WING WAH OIL SHIP CO.

Citation

[2020] HKDC 14
Court

District Court
Case number

DCPI62/2019

Plaintiff failed to prove on balance that the accident occurred as pleaded and, on the facts, the incident occurred during an unauthorised refuelling operation outside the course of employment; plaintiff therefore did not establish breach of duty or causation by the defendant and the claim is dismissed.
11 Dec 2018

CHU KA WAI v. HOP HING FURNITURE CO LTD AND ANOTHER

Citation

[2018] HKDC 1520
Court

District Court
Case number

DCPI304/2016

The court found on credibility and documentary evidence that Ying Fat (Aden) was the sole employer; the plaintiff's account was rejected as unreliable; the act of trimming/removing jackfruits was a personal frolic outside the course of employment; occupiers' liability did not apply; therefore defendants were not liable and the claim was dismissed.
22 Sept 2016

TALAT ARSLAN v. LI TAK CHEUNG

Citation

TALAT ARSLAN v. LI TAK CHEUNG
Court

District Court
Case number

DCEC1965/2014

Court exercised its discretion under s2(2) to treat the applicant as a person working under a valid contract despite illegal work status, found on balance that respondent employed the applicant and that the injury occurred in the course of employment; applicant lost right to appeal the Board's assessment for failure to give notice within s18(2) time limit; compensation awarded calculated as $73,440 under s9 and $52,080 under s10, total $125,520, with interest and costs orders as set out.
19 Feb 2016

WONG KIT YEE FOR HERSELF AND ON BEHALF OF OTHER DEPENDANTS OF YEUNG CHUN HO, DECEASED v. CAPITAL GLOBE LTD (IN LIQUIDATION) AND OTHERS

Citation

WONG KIT YEE FOR HERSELF AND ON BEHALF OF OTHER DEPENDANTS OF YEUNG CHUN HO, DECEASED v. CAPITAL GLOBE LTD (IN LIQUIDATION) AND OTHERS
Court

District Court
Case number

DCEC704/2012

On the evidence the deceased was acting for his employer group at the time of death, died in premises arranged by his superior, and the content of his last e‑mail indicated a work‑related predicament; accordingly the accident occurred in the course of employment and, by s5(4)(a) ECO (and absent evidence to the contrary), arose out of employment. Documentary and payroll evidence (MPF and wage payments) established R3 as the employing entity at the relevant time; judgment against R3 for HK$1,733,000 with interest and costs was entered and the claim against R1 was dismissed.