Hong Kong Case Law: Decisions & Judgments

Topic

Employer non-delegable duty

Legal area

Court

4 Jun 2018

香港特別行政區訴日立化成電子材料（香港）有限公司

Citation

[2018] HKCFI 1196
Court

Court of First Instance
Case number

HCMA627/2016

Convictions were upheld because independent evidence and expert report established foreseeable risks, inadequate risk assessment, deficient training and supervision and practicable remedial measures (eg. light sensor) that the employer did not take; the employer’s statutory, non-delegable duty required taking such practicable precautions and the trial judge did not err in law or fact in convicting.
7 Dec 2015

TSANG HO SANG v. SUNBASE ENVIRONMENTAL HYGIENE LTD

Citation

TSANG HO SANG v. SUNBASE ENVIRONMENTAL HYGIENE LTD
Court

District Court
Case number

DCPI1422/2013

On the balance of probabilities the court accepted the plaintiff was thrown out from the Van when the rear door opened (malfunctioning or not closed), the practice of carrying passengers in the goods compartment without seat belts was unsafe and Sunbase breached its non-delegable duty to ensure safe transport; no contributory negligence was applied; damages assessed and employee compensation credited.
21 Jan 2010

TANG HUNG ON v. CROWN RICH TRANSPORTATION LTD AND OTHERS

Citation

TANG HUNG ON v. CROWN RICH TRANSPORTATION LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI304/2006

Crown Rich breached its non-delegable duty by permitting a system that allowed an unqualified person to install a high‑pressure delivery hose without proper tools or inspection; on the balance of probabilities the hose was improperly fitted by the plaintiff and that improper fitting caused detachment and injury; plaintiff held contributorily negligent at 15%; Multi-way entitled to contribution under s3(4) because negligence in silo maintenance was pleaded and arguable; contribution fixed at HKD 200,000.
13 May 2005

IP KIN KOK v. FILM POWER CO LTD AND ANOTHER

Citation

IP KIN KOK v. FILM POWER CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI473/2004

The 1st defendant was liable because it breached its non-delegable employer duty and occupier duty by failing to provide a securely fixed oxygen tank and by placing unsecured dummies that obstructed escape; the plaintiff did not voluntarily consent to waive claims nor was he contributorily negligent, and the defences of volenti and contributory negligence fail on the facts.
14 Apr 2005

LAM WA LAI v. STARTLONG DEVELOPMENT LTD

Citation

LAM WA LAI v. STARTLONG DEVELOPMENT LTD
Court

District Court
Case number

DCPI624/2003

On the evidence the court found the staircase was slippery due to oily substance and that the defendant breached its non-delegable duty by failing to implement and operate a safe cleaning and supervision system; plaintiff did not contribute to the accident and judgment is entered for the plaintiff with damages awarded as assessed.
19 Mar 2004

YIP KING LEUNG v. CHINA INSPECTION CO LTD AND OTHERS

Citation

YIP KING LEUNG v. CHINA INSPECTION CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI1019/2001

Court found on balance of probabilities that the plaintiff himself lit a cigarette lighter beneath the sampling tool and that flame was the immediate cause of the explosion; the 1st defendant breached its non-delegable employer duty by failing to warn, train and require dampening/ventilation and is negligent; the 3rd defendant was negligent for failing to inform the carrier and ensure safe transportation; the 2nd defendant was not negligent given the information he had; plaintiff was 60% contributorily negligent; defendants' liability apportioned so that 1st bears 25% and 3rd 15% of the loss…
6 Feb 2004

SAN-TO, PO YUK HITLER v. WING KWONG PAINTING CO LTD

Citation

SAN-TO, PO YUK HITLER v. WING KWONG PAINTING CO LTD
Court

Court of First Instance
Case number

HCPI387/2002

On the balance of probabilities the court found the ladder supplied by the defendant had a replaced third rung nailed on lower than the original; the defendant breached its non-delegable duty by failing to warn; plaintiff was contributorily negligent to the extent of 50%; damages were assessed on the stated heads and reduced accordingly with credit for prior periodic payments.
21 Jul 2000

BONNTILE INDUSTRIES (H.K.) LTD. v. ASSURANCE GENERALES DE FRANCE (H.K.) LTD.

Citation

BONNTILE INDUSTRIES (H.K.) LTD. v. ASSURANCE GENERALES DE FRANCE (H.K.) LTD.
Court

Court of First Instance
Case number

HCA9814/1998

China State breached its contractual and statutory duties by failing to provide necessary scaffolding which caused the plaintiff's injuries; Bonntile was also negligent but to a lesser extent, liability apportioned two-thirds to China State and one-third to Bonntile; Bonntile falls within the class of sub-contractors insured by AGF and is not disentitled from indemnity under the policy on the evidence, but any indemnity depends on China State obtaining indemnity from AGF and thus the declaration is qualified accordingly.