Hong Kong Case Law: Decisions & Judgments

Topic

Dangerous goods

Legal area

Court

19 Nov 2009

ITALIA MARITTIMA S.p.A. AND ANOTHER v. TRANSLINK SHIPPING (HONG KONG) LTD

Citation

ITALIA MARITTIMA S.p.A. AND ANOTHER v. TRANSLINK SHIPPING (HONG KONG) LTD
Court

District Court
Case number

DCCJ5080/2006

The court found on the evidence that the Defendant dealt as principal in the antecedent contracts and was liable for breach of those contracts and for the common-law implied warranty of fitness regarding dangerous goods; the subsequent bills of lading did not, on the facts, operate to absolve the Defendant of that liability; damages were assessed for demurrage and limited storage subject to mitigation principles and interest and costs were awarded to the Plaintiffs.
17 Mar 1988

YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS

Citation

YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS
Court

Court of First Instance
Case number

HCA1561/1980

On the balance of probabilities the explosion was caused by LPG leaked from one or both apparently empty Gulf cylinders due to defective 1977 valve design; HK Oil Co. as manufacturer knew or ought to have known that residue in 'empty' cylinders posed a hidden danger and failed to warn and supplied cylinders with a valve liable to leak; Hip Sang as distributor had a proactive role (oral instruction and handing of guidance card) and failed to warn or ensure safety; the carrier acted merely gratuitously and is not liable; contributory negligence was not established; therefore manufacturer and di…
17 Mar 1988

YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS

Citation

YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS
Court

Court of First Instance
Case number

HCA1562/1980

On the balance of probabilities the Court found LPG leaked from one or both apparently empty cylinders and ignited; HK Oil Co. as manufacturer was liable for negligence for providing cylinders with defective 1977 valve design and failing to warn consumers that 'empty' cylinders retained dangerous residue; Hip Sang as distributor had a duty to warn and to ensure safe condition and failed to discharge that duty and was likewise liable; Kam Shing/Mr Kwok was a gratuitous carrier who merely delivered the cylinders in the condition received and was not liable; defendants failed to prove contributo…
27 Oct 1987

THE QUEEN v. CHENG KAM MING

Citation

THE QUEEN v. CHENG KAM MING
Court

Court of First Instance
Case number

HCMA657/1987

Section 6 of the Dangerous Goods Ordinance displaces the normal presumption of mens rea in relation to the nature of stored goods: once the prosecution proves a custodial relationship and that the defendant knew of the existence of the goods, the defendant is strictly liable for failing to ascertain whether those goods were dangerous, because the statute targets public safety and strict liability furthers its object by promoting vigilance.
24 Mar 1987

LAM FONG, ADMINISTRATOR OF THE ESTATE OF WAT YUK KAM, DECEASED v. HO LOK MOON FURNITURE AND INVESTMENTS COMPANY LIMITED

Citation

LAM FONG, ADMINISTRATOR OF THE ESTATE OF WAT YUK KAM, DECEASED v. HO LOK MOON FURNITURE AND INVESTMENTS COMPANY LIMITED
Court

Court of First Instance
Case number

HCA7390/1984

Defendant failed in its statutory and common law duties by not providing effective ventilation/air extraction and by failing to notify the Commissioner under s.9(1), creating the dangerous accumulation of inflammable vapour; the deceased could not reasonably have foreseen the instant lethal flash‑over and thus was not contributorily negligent, so Defendant is wholly liable.

Hong Kong Case Law

ITALIA MARITTIMA S.p.A. AND ANOTHER v. TRANSLINK SHIPPING (HONG KONG) LTD

YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS

YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS

THE QUEEN v. CHENG KAM MING

LAM FONG, ADMINISTRATOR OF THE ESTATE OF WAT YUK KAM, DECEASED v. HO LOK MOON FURNITURE AND INVESTMENTS COMPANY LIMITED