Hong Kong Case Law: Decisions & Judgments

Topic

Employees compensation assistance ordinance

Legal area

Court

23 Mar 2022

FONG CHAK KWAN v. ASCENTIC LTD AND OTHERS

Citation

[2022] HKCFI 780
Court

Court of First Instance
Case number

HCPI242/2016

The court refused the plaintiff's Part B relief seeking 100% indemnity costs from 17 April 2019 and declined to award indemnity costs because, although the plaintiff ultimately succeeded overall and the defendant failed to do better than the April offer, the plaintiff had material non-disclosures and pursued multiple failing gateways rather than a focused case; on balance an issue-based apportionment and a 30% reduction for non-disclosure were justified and indemnity costs were not appropriate given the mixed outcome and the statutory role of the 3rd defendant.
20 Jul 2017

RUKHSAR BEGUM v. NATIVE ENGLISH CENTER LTD t/a THE GREEN LOUNGE

Citation

RUKHSAR BEGUM v. NATIVE ENGLISH CENTER LTD t/a THE GREEN LOUNGE
Court

District Court
Case number

DCEC867/2015

The court granted the applicant's variation application and set aside the 50% split of the duplicated costs because, in the factual context of an aided plaintiff facing likely Fund Board relief and an insolvent employer, maintaining the split would create a real risk that the plaintiff's damages would be substantially diminished by the Director's common fund charge; this risk could be avoided and employer prejudice prevented by removing the split while imposing safeguards to prevent duplication of recovery.
20 May 2015

WONG KAI FUN v. SUN ON LOGISTICS LTD AND ANOTHER

Citation

WONG KAI FUN v. SUN ON LOGISTICS LTD AND ANOTHER
Court

District Court
Case number

DCEC5/2013

On the evidence the relationship bore the indicia of employment (control, exclusivity, provision of truck and payment of expenses), the court applied the Paper Mills Formula to assess permanent partial loss of earning capacity using pre-accident and attainable post-accident wages, awarded compensation under ss.9,10 and 10A, extended sick leave where certified, and exercised its discretion to order the Board to pay costs because it intervened to contest liability and failed.
21 Aug 2013

WONG KIM HUNG by his next friend HIU SJU PHIN v. WONG WING KONG t/a 613 DECORATION WORKS AND OTHERS

Citation

WONG KIM HUNG by his next friend HIU SJU PHIN v. WONG WING KONG t/a 613 DECORATION WORKS AND OTHERS
Court

Court of First Instance
Case number

HCPI421/2010

On the evidence (including Labour Department findings and medical reports) the defendants failed to provide a safe system of work or supervision and breached statutory and common duties; contributory negligence was not established; accordingly the 1st and 2nd defendants are liable to the plaintiff and damages are to be awarded as quantified, with credit for any employees' compensation and with costs as ordered.
19 May 2009

CHAN KWOK HONG v. AXA CHINA REGION INSURANCE CO (BERMUDA) LTD AND ANOTHER

Citation

CHAN KWOK HONG v. AXA CHINA REGION INSURANCE CO (BERMUDA) LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA2563/2007

Discovery application refused because plaintiff failed to demonstrate that the Board's internal deliberative documents were relevant and necessary for fairly disposing of the matter; under s.24 the court may determine entitlement afresh so investigation into the Board's decision-making process was neither necessary nor sufficient; absence of credible evidence of a blanket policy and the Board's sworn denial made the discovery claim speculative and irrelevant.
14 Apr 2008

CHEN XIUMEI v. LI SIU WO AND ANOTHER

Citation

CHEN XIUMEI v. LI SIU WO AND ANOTHER
Court

Court of Appeal
Case number

CACV26/2007

Because the 2nd respondent's liability under the Ordinance had not been determined and the applicant had not been shown to have satisfied the requirements of section 16, no order for payment should be made against the 2nd respondent; the appellate judgment was amended so that payment is directed against the 1st respondent only.
28 May 2007

XU HUAXIAN v. CHAN HOK LIK formerly t/a WAI KON SIN YU AND ANOTHER

Citation

XU HUAXIAN v. CHAN HOK LIK formerly t/a WAI KON SIN YU AND ANOTHER
Court

District Court
Case number

DCEC922/2006

The court accepted that an employment relationship existed but held the injury did not arise out of and in the course of employment because purchasing a newspaper was a personal deviation not incidental to the employee's duties; further, even if the accident were in course of employment the court would not exercise its discretion under s2(2) in favour of the illegal worker given the public policy and funding considerations of the statutory assistance board and the employer's insolvency.

Hong Kong Case Law

FONG CHAK KWAN v. ASCENTIC LTD AND OTHERS

RUKHSAR BEGUM v. NATIVE ENGLISH CENTER LTD t/a THE GREEN LOUNGE

WONG KAI FUN v. SUN ON LOGISTICS LTD AND ANOTHER

WONG KIM HUNG by his next friend HIU SJU PHIN v. WONG WING KONG t/a 613 DECORATION WORKS AND OTHERS

CHAN KWOK HONG v. AXA CHINA REGION INSURANCE CO (BERMUDA) LTD AND ANOTHER

CHEN XIUMEI v. LI SIU WO AND ANOTHER

XU HUAXIAN v. CHAN HOK LIK formerly t/a WAI KON SIN YU AND ANOTHER