Hong Kong Case Law: Decisions & Judgments

Topic

Law amendment and reform (consolidation) ordinance

Legal area

Court

29 Aug 2013

LEE MEI CHUN v. REPUBLIC OF PHILIPPINES AND OTHERS

Citation

LEE MEI CHUN v. REPUBLIC OF PHILIPPINES AND OTHERS
Court

Court of First Instance
Case number

HCPI723/2013

The court held that the doctrine of absolute state immunity, as applicable in Hong Kong under PRC law since 1997, deprived the court of jurisdiction to hear claims against the Republic of the Philippines; accordingly the claims against the Republic were struck out under Order 18 rule 19 and the court's inherent jurisdiction, with directions given for the further conduct of proceedings against non‑state defendants.
24 Nov 1998

WONG KING TAI v. LAU KA KUI AND ANOTHER

Citation

WONG KING TAI v. LAU KA KUI AND ANOTHER
Court

Court of First Instance
Case number

HCPI488/1996

On the admissible evidence the court found the 1st defendant negligent in driving and the deceased also materially negligent; liability was apportioned equally (50/50). In absence of evidence displacing the ownership presumption, the 2nd defendant was vicariously liable. Claims for dependency and accumulation failed for lack of proof. Damages assessed and reduced by 50% leading to judgment for HKD 77,895.50 with specified interest and costs nisi.
21 May 1997

YAU WONG FUI v. WINNING FIRE ENGINEERING LIMITED AND OTHERS

Citation

YAU WONG FUI v. WINNING FIRE ENGINEERING LIMITED AND OTHERS
Court

Court of First Instance
Case number

HCPI110/1996

Court found for the Plaintiff: the 1st Defendant (Winning Fire Engineering Ltd) was the direct employer and breached its duty to provide a safe system of work and is vicariously liable for employee negligence; the 2nd Defendant (Hung Sun Building Construction Co Ltd) as principal contractor and occupier was negligent, breached Construction Sites (Safety) Regulations and is liable for the operator's negligence; there was no contributory negligence by the deceased; liability apportioned 1st Defendant 20%, 2nd Defendant 75%, 3rd Defendant 5%; total damages payable into court ordered.
8 Apr 1986

NG SZE NUI AND ANOTHER v. YIP WAI KWONG

Citation

NG SZE NUI AND ANOTHER v. YIP WAI KWONG
Court

Court of First Instance
Case number

HCA3865/1984

On the balance of probabilities the defendant was negligent in driving too fast and failing to heed vehicles on the road; plaintiffs entitled to damages under LARCO (which merge with FAO claims for estate beneficiaries) and the deceased's mother entitled to a separate FAO award; funeral meal costs disallowed and overall funeral award reduced to a reasonable amount; interest and costs awarded to plaintiffs with specified reductions.
3 Jul 1985

WONG WAI HAN AND OTHERS v. KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER

Citation

WONG WAI HAN AND OTHERS v. KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA8272/1983

The court held that the correct method for assessing LARCO damages is the free balance approach: determine the deceased's net income during lost years, deduct personal expenditure and an apportioned share of joint family expenditure, apply appropriate multipliers for future earnings and pensions, and calculate tax; applying that method the plaintiffs were entitled to judgment. The defendants' alternative dependency+10% method and suggested annual adjustments for changed family contributions were rejected.
21 Jun 1984

LAI TAT WAH AND ANOTHER v. FRANKI CONTRACTORS LTD

Citation

LAI TAT WAH AND ANOTHER v. FRANKI CONTRACTORS LTD
Court

Court of First Instance
Case number

HCA11169/1983

Section 26(1) of the Employees' Compensation Ordinance is intended to prevent double recovery and therefore an award under the Ordinance is to be set off against damages recovered under the Fatal Accidents Ordinance or LARCO only where the compensation and the damages fall into the same beneficiary's hands; compensation paid to a different beneficiary (here the cohabitee) does not reduce the estate's LARCO award. The conventional award for loss of expectation of life is increased to $20,000.
13 Dec 1979

SUNG HON v. KWONG CHEUK HIM

Citation

SUNG HON v. KWONG CHEUK HIM
Court

Court of First Instance
Case number

HCA122/1979

The court found the defendant negligent for failing to keep a proper lookout and driving too fast for conditions near a school; it also found the deceased 50% contributorily negligent for crossing into traffic. Damages under the Fatal Accidents Ordinance were assessed and reduced by 50%; an additional solatium under Cap.23 was awarded; special damages were allowed with interest; costs awarded to plaintiff.
29 Mar 1979

CHU CHEUNG HING AND ANOTHER v. LEUNG CHIN CHIU AND ANOTHER

Citation

CHU CHEUNG HING AND ANOTHER v. LEUNG CHIN CHIU AND ANOTHER
Court

Court of First Instance
Case number

HCA2049/1978

Driver was primarily at fault for driving at excessive speed and failing to take reasonable precautions; deceased held partly (20%) contributorily negligent; apportionment fixed at 80% defendant / 20% deceased; multiplicand and multiplier applied to calculate general damages; special damages partly disallowed or reduced; interest awarded per authority.
5 Oct 1973

LUI CHUK v. NG CHUNG WING

Citation

LUI CHUK v. NG CHUNG WING
Court

Court of First Instance
Case number

HCA1909/1970

On the evidence of monthly remittances and annual goods supplied to the dependants the court assessed monthly dependency at $300, applied a multiplier of 11 producing $39,600, reduced that sum by 20% for lump sum payment to $31,680, awarded funeral expenses of $1,000 and assessed the statutory solatium at $8,000 which will merge with the fatal accidents award; interest was directed at specified rates and apportionment among dependants was adjourned due to uncertainty in the number of children.
28 Jun 1973

LAM SAU KIU AND ANOTHER v. NG CHONG YIM

Citation

LAM SAU KIU AND ANOTHER v. NG CHONG YIM
Court

Court of First Instance
Case number

HCA1653/1972

Default judgment entered for plaintiffs; dependency fixed at $450 per month with a 15 year multiplier giving $81,000 which was discounted 20% for a lump sum of $64,800; conventional award of $8,000 under the Law Amendment and Reform (Consolidation) Ordinance is awarded but merged with Fatal Accidents award; special damages assessed at $2,942 (funeral $1,792; clothing $150; motorcycle $1,000); interest awarded at 4% on special damages from date of accident to judgment and at 8% on general damages from date of service of writ; Fatal Accidents damages apportioned $44,800 to widow, $10,000 to eac…