Hong Kong Case Law: Decisions & Judgments

Topic

Funeral expenses

Legal area

Court

29 Dec 2023

KO SIU YIN, the administratrix of the estate of CHAN KAM POR, deceased v. LAI CHUN HO AND ANOTHER

Citation

[2023] HKDC 1740
Court

District Court
Case number

DCPI422/2023

Court accepted plaintiff's credible evidence that the deceased paid HK$5,000 per month in cash and would have worked until at least age 70; Transport Department statistics did not support defendant's contention that unrest/COVID would have forced earlier retirement or substantially reduced income; absence of documentary proof was explained by cash trade and did not undermine credibility; award of HK$5,000 per month for 100 months (HK$500,000) for pre-judgment dependency plus statutory bereavement and proved funeral expenses follows.
7 Dec 2022

YEUNG PAK KWAN as administrator of the estate of LAM FAN, deceased v. CHEN DECANG

Citation

[2022] HKCFI 3605
Court

Court of First Instance
Case number

HCPI994/2012

Court accepted plaintiff's quantifications largely as reasonable, adopted an averaging method starting in 1987 to calculate annual accumulation, found the Deceased would have accumulated further wealth to notional retirement, applied no discount for accelerated receipt because defendant's incarceration made payment before retirement unrealizable, awarded specified sums to Steven and Lily for pre‑ and post‑trial dependency and awarded loss of accumulation to the estate, allowed funeral and cinerary expenses, refused to make a bereavement award to survivors because statute prescribes entitlemen…
11 Nov 2022

CHIU SUI CHING, the administrator of the estate of LEUNG HO TIN, deceased v. CHENG KWAI HUNG t/a HANG NAGI WORKS AND OTHERS

Citation

[2022] HKCFI 3429
Court

Court of First Instance
Case number

HCPI939/2017

On the facts the contemporaneous SWD/HKHA/deceased declarations and documentary evidence undermined the mother’s claim of substantial dependency; the deceased was not shown to have a realistic prospect of promotion to Master Grade scaffolder; using traditional assessment and a conservative approach to savings and future loss the court awarded limited pre-trial and post-trial dependency, a modest award for loss of accumulation and funeral and bereavement sums; liability remained admitted and damages were assessed accordingly.
29 Sept 2022

LIU XIAOPING v. HUEN HO YIN and HUEN YUEN FAN, the Joint and Several Liquidators of LEUNG SUM KEE ET AL FRAMEWORK, PIPEWORK AND DEMOLISH ENGINEERING LTD (IN LIQUIDATION) AND ANOTHER

Citation

[2022] HKDC 1063
Court

District Court
Case number

DCEC2169/2020

Court accepted contemporaneous statements that the deceased earned $1,500 per day and worked 22 days per month, fixing monthly earnings at $33,000 but applying the Sixth Schedule cap of $28,360; applying multiplier 60 produced s6(1) compensation of $1,701,600, funeral expenses capped at $83,700, total award $1,785,300; interest ordered from date of accident and compensation apportioned in accordance with Seventh Schedule paragraph 5 (50% to wife, 25% to each child); costs to be paid by respondents for assessment with taxation if not agreed.
5 Sept 2022

KWOK YIN CHUN for herself and acting on behalf of members of the family of WONG CHI HUNG, deceased v. KING’S PAK CHINA HK LOGISTICS CO LTD

Citation

[2022] HKDC 920
Court

District Court
Case number

DCEC2801/2019

The court accepted the deceased's contemporaneous handwritten notes averaging HK$27,745 per month as his pre-accident earnings, applied the 36-month multiplier under s.6(1)(c) producing HK$998,820, awarded the statutory funeral expenses cap of HK$83,700 under s.6(5), and ordered interest and costs as specified.
14 Jul 2022

GURUNG GAM BAHADUR, the administrator of the estate of GURUNG ANEL alias GURUNG ANAL, deceased v. UNITED CONSTRUCTION & MANPOWER SERVICE LTD AND ANOTHER

Citation

[2022] HKCFI 2163
Court

Court of First Instance
Case number

HCPI502/2019

Court found on balance of probabilities that the Deceased would have supported his parents and sister but not the grandmother separately. Awarded parents HK$5,000 per month combined (HK$2,500 each) and sister HK$10,000 per month for the period of study. Calculated pre-trial and post-trial losses accordingly (pre-trial parents HK$317,500; post-trial father HK$543,300 and mother HK$773,400 using agreed multipliers; sister HK$600,000 for 60 months). Rejected defendants' submission to deduct annual dependency from accumulated savings and accepted estate claim for loss of accumulation of wealth on…
3 Nov 2017

CHUNG SUI CHEONG the administrator of the estate of CHUNG WAI MAN JOSEPH deceased v. TSANG WAI HUNG

Citation

CHUNG SUI CHEONG the administrator of the estate of CHUNG WAI MAN JOSEPH deceased v. TSANG WAI HUNG
Court

Court of First Instance
Case number

HCPI1058/2015

Court accepted only part of plaintiff's dependency claim: awarded $3,000 per month contribution and $600 per month for meals (total $3,600 monthly), rejected the $8,000 rent claim as unproved and illegal under the Home Ownership Scheme, fixed pre-trial dependency at $172,800 and post-trial dependency at $648,864; assessed loss of accumulation under LARCO after analysing income, expenditure, MPF, retirement and accelerated receipt and awarded $530,000; awarded bereavement $150,000, PSLA $40,000 and funeral expenses $361,188; applied specified interest rates and made costs order nisi against de…
4 Sept 2015

MAK CHAN HING v. WONG KWOK WAH t/a PENG CHING CO AND ANOTHER

Citation

MAK CHAN HING v. WONG KWOK WAH t/a PENG CHING CO AND ANOTHER
Court

District Court
Case number

DCEC840/2014

The court accepted the deceased's daily wage at HK$650 and awarded statutory death compensation of HK$1,419,600 (84 months at 26 days/month); mourners' meals are not recoverable as part of 'reasonable funeral expenses' under s6(5); charitable donations received by the family are not to be deducted from recoverable funeral expenses; funeral expenses of HK$37,381 were awarded; total judgment HK$1,456,981 with interest (half judgment rate to judgment, then judgment rate) and costs to the applicant.
1 Apr 2015

TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS

Citation

TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP2981/2004

Applicant was granted special maintenance of HK$170,500 for funeral and related religious services as reasonable financial provision under the Inheritance Ordinance; all other claims were dismissed because (a) medical certificates relied on were inadmissible under O 38 rr 37A and 37C(1), (b) the existing periodical payments (HK$158,000/month) constitute reasonable provision in all the circumstances, (c) awarding large lump sums would risk prejudicing the residuary beneficiary and would improperly negate the effects of the applicant's bankruptcy, and (d) there was no basis to vary the Income P…
23 Aug 2013

KU WAN YING 對簡福民及另二人

Citation

KU WAN YING 對簡福民及另二人
Court

Court of First Instance
Case number

HCPI209/2012

On the evidence the court accepted the deceased's intent to work and assist her mother and brother; it fixed realistic monthly contribution amounts (HK$1,500 for initial months, HK$2,000 after minimum wage implementation, and a continuing assessed contribution of HK$2,400 for the first post‑judgment year and HK$2,000 thereafter), applied a 25‑year multiplier (discount rate 2.5%) for the mother’s future dependency, awarded limited dependency for the brother (one year), accepted statistical evidence to fix post‑trial earnings at HK$8,000, awarded loss of accumulation despite no prior savings, a…