Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Employees' compensation ordinance interpretation

Legal area

Court

10 Oct 2006

TSANG KWONG TONG v. TENNILLE DECORATION & DESIGN LTD AND OTHERS

Citation

TSANG KWONG TONG v. TENNILLE DECORATION & DESIGN LTD AND OTHERS
Court

Court of Appeal
Case number

CACV42/2006

The Court upheld the trial judge's factual finding that the 1st respondent was the employer because the judge was entitled to accept the 3rd respondent's evidence after seeing the witnesses and there was no basis for appellate interference; on quantum, although the trial judge applied the wrong test regarding certificate cancellation, the Court reviewed the Board's 18% assessment against the total available evidence and the claimant's special circumstances under s.9(1A) and found 18% not inappropriate, so the appeal was dismissed and the Board's assessment was upheld.
24 Apr 2001

CHAN CHEUK CHUEN v. POK OI HOSPITAL

Citation

CHAN CHEUK CHUEN v. POK OI HOSPITAL
Court

Court of First Instance
Case number

HCPI992/1999

The appeal was allowed because the Deputy Judge's judgment in the ECC case did not make clear findings on the nature of the plaintiff's illness or on causation that were necessary ingredients of the District Court cause of action; the prior decision only held the illness was not an occupational disease under the Ordinance and therefore did not give rise to issue estoppel as to the tort claim, so the Registrar's strike out was improper and must be set aside.