Hong Kong Case Law: Decisions & Judgments

Topic

Employees compensation ordinance

Legal area

Court

27 Feb 2025

LAM TUN WA v. SAN HING DRILL CUT ENGINNEERING COMPANY LTD AND OTHERS

Citation

[2025] HKDC 324
Court

District Court
Case number

DCEC475/2022

The court accepted the SJE orthopaedic evidence that the plaintiff sustained mild head and soft tissue neck/back injuries with adjustment disorder, that monthly earnings for compensation should be calculated at $28,600 using a flexible approach, that reasonable sick leave is 12 months, that permanent loss of earning capacity is 6.5%, and awarded employees compensation of HKD 352,144 and net common law damages of HKD 1,090,460; the plaintiff's voluminous witness statement was largely struck out and costs sanctions ordered against his solicitors for the WS application.
18 May 2023

LUNG KA CHUN v. UNITED LOGISTICS CORPORATION LTD

Citation

[2023] HKDC 597
Court

District Court
Case number

DCEC7/2022

The court accepted and applied the Board's Certificate of Assessment as the basis for quantum, used the applicant's claimed monthly earnings figure for computation of s.9 and s.10 entitlements, allowed medical expenses under s.10A, gave full credit for HKD160,000 received from the employer, awarded a net sum of HKD13,307, ordered interest from the date of the accident at half‑judgment rate until judgment and judgment rate thereafter, and made a costs order nisi in favour of the Applicant.
30 Jun 2022

GURUNG REKHA v. THE WASP NEST LIMITED t/a RED SAUCE HOSPITALITY

Citation

[2022] HKDC 627
Court

District Court
Case number

DCEC1993/2019

The court accepted the Form 9 assessment of 1% permanent loss of earning capacity and the certified 270 days sick leave because the respondent failed to rebut the statutory presumption under s 10(2) ECO; compensation was calculated on the agreed monthly salary and awarded accordingly.
25 Mar 2022

HOSSAIN MD FARUK v. KHAN, FAQERGUL (簡誠諾) formerly known as KHAN, WAJID t/a PESHAWAR AUTO DISMENTLING & GENERAL TRADING CO.

Citation

[2022] HKDC 180
Court

District Court
Case number

DCEC1221/2017

The court found on the facts that there was an employment relationship between the respondent and the applicant because the applicant's evidence that Gul was the person-in-charge was not challenged and the respondent failed to place contradictory evidence before the court; the discretionary rule permitting illegal workers to recover compensation was applied; the court accepted monthly earnings of HK$6,500 and expert assessment of 5% loss of earning capacity and 40 days' sick leave, awarding HK$31,200 for loss of earning capacity and HK$6,933.33 for sick leave, total HK$38,133.33, with interes…
27 Jan 2022

CHIU KWAI YUK for herself and on behalf of members of the family of LEE CHI WAI, deceased v. LEE TAK WAH t/a HATCO EXHIBITION PRODUCTION CO AND OTHERS

Citation

[2022] HKDC 59
Court

District Court
Case number

DCEC2838/2017

The court found the medical evidence insufficient to establish on the balance of probabilities that the deceased's myocardial infarction was triggered by events arising out of his employment. Applying recognized overwork recognition criteria and available medical literature, and given the absence of convincing proof of a work‑related trigger during the employment period, the death did not arise out of employment and the employees compensation claim was dismissed.
12 Jan 2022

SHAUKET IQBAL v. WAMPUM ENGINEERING CO AND OTHERS

Citation

[2022] HKDC 58
Court

District Court
Case number

DCEC2112/2018

All three respondents were held liable based on admissions and evidence of employment and subcontracting; the court accepted the applicant's medical and expert evidence (Dr Wong) and assessed permanent loss of earning capacity at 4%; statutory compensation was calculated accordingly and awarded together with medical expenses, interest and costs.
7 Jun 2021

WONG WAI MAN v. CONCORD EXPRESS (HONG KONG) LTD

Citation

[2021] HKDC 697
Court

District Court
Case number

DCEC658/2019

The application to vary the costs order nisi was dismissed and the order made absolute because the applicant's unsuccessful section 18 appeal and the reduction in section 10A compensation materially justified the original apportionment of costs (respondent to bear 30%); absent those factors the costs would have been substantially reduced, for example by avoiding expert evidence and contested appeal issues.
4 Mar 2021

TABASSAM RAHEEM v. CHUN HUNG ENGINEERING LTD AND ANOTHER

Citation

[2021] HKDC 271
Court

District Court
Case number

DCEC2554/2019

With interlocutory judgment on liability entered, the court may order an interim payment under Order 29 r11(1)(b); on the evidence the applicant is likely to recover section 9 compensation of $37,843.20, advance payments were made under s10 and are not deductible from s9, and a reasonable proportion as interim payment is $25,000; costs to applicant ordered nisi to be assessed summarily.
23 Dec 2020

HOSSAIN MOHAMMED SAJIB v. CHUEN KEE ENVIRONMENTAL RESOURCES RECYCLE (HONG KONG) LIMITED (in Liquidation) AND ANOTHER

Citation

[2020] HKDC 1200
Court

District Court
Case number

DCEC2689/2016

Applicant's evidence was found incredible and unreliable; he failed to discharge the burden to prove employment and that the injury arose in course of employment and therefore the claim was dismissed. Legally, if liability had been established the court would exercise s.2(2) discretion for lawful work and, once exercised, would assess quantum without regard to the claimant's unlawful status (affecting s.9 and s.10 assessments).
5 Jul 2019

SHAHZAD AJMAL v. CHAKWAL AUTO TRADERS (HK) LTD AND ANOTHER

Citation

[2019] HKDC 876
Court

District Court
Case number

DCEC2556/2015

The applicant failed to prove on the balance of probabilities that he was employed by the 1st respondent on 10 April 2015 and failed to prove the accident occurred in the course of such employment; the court preferred the evidence of Shahid and found material inconsistencies and omissions in the applicant's evidence and documentary record (Notification, medical records). Accordingly the application for employees' compensation was dismissed; because the applicant was not lawfully employable the court would not award s.10 temporary incapacity payments even if liability were established; costs w…