Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Damages for injury to feelings

Legal area

Court

23 Sept 2021

LICAYO, JINNA DIMINO v. SCULLY, SEAN JOSEPH

Citation

[2021] HKDC 1216
Court

District Court
Case number

DCEO7/2021

The court held that personal service on 23 July 2021 was effective because the respondent had actual possession of the envelope containing court documents, and his conduct in refusing to accept it evidenced deliberate evasion of service; accordingly the claimant was entitled to judgment in default for damages to be assessed with costs up to and including the hearing.
27 Sept 2000

K AND OTHERS v. SECRETARY FOR JUSTICE

Citation

K AND OTHERS v. SECRETARY FOR JUSTICE
Court

District Court
Case number

DCEO4/1999

Blanket exclusion of applicants on the basis of an associate's mental illness (schizophrenia) was not justified under s12(2) because the employer failed to conduct individualized assessments; measured individualised, age-corrected risks (approximately 4% reduced further by absence of prodromal signs) and comparative risk analysis showed no real risk to safety sufficient to displace s11 protections; therefore s12(2) exception did not apply and the refusals/dismissal were unlawful.