Hong Kong Case Law: Decisions & Judgments

Topic

Medical expert evidence

Legal area

Court

6 Aug 2025

張小嫺對九龍巴士（一九三三）有限公司

Citation

[2025] HKCFI 3354
Court

Court of First Instance
Case number

HCPI43/2022

Court accepted the single joint expert opinions that the plaintiff's ocular injury caused a limited permanent impairment (1% whole person) and that her psychiatric condition was pre-existing and not caused or materially worsened by the accident; plaintiff failed to prove pre-accident employment or loss of earnings and many special damages lacked receipts or evidential foundation; accordingly PSLA was assessed at HKD150,000 and special damages at HKD15,000, total HKD165,000, with interest and costs orders as specified.
9 May 2025

TSE PO CHUEN 對 ST. JOHANNES COLLEGE LTD trading as ST. JOHANNES COLLEGE

Citation

[2025] HKDC 268
Court

District Court
Case number

DCEC1416/2021

Court found applicant not a credible witness, rejected the alleged oral agreement and accepted employer payroll evidence and expert medical opinion; therefore applicant's monthly wage fixed at HK$14,012.56 (with agreed increase to HK$15,400 from 1 Aug 2019), Form 9 re-assessment was not overturned, loss of earning capacity fixed at 6% (4% orthopaedic + 2% psychiatric), incapacity period fixed at 24 months, and net award calculated at HK$49,086 plus interest with costs in favour of applicant.
17 May 2024

WANG QINGYUAN 對 WHAMPOA PROPERTY MANAGEMENT LTD及另一人

Citation

[2024] HKDC 791
Court

District Court
Case number

DCPI2282/2019

On assessment of all evidence and contemporaneous documents, the plaintiff's accounts were materially inconsistent and implausible, defendants' witnesses were credible, medical and other records indicated exaggeration; on the balance of probabilities the accident as pleaded did not occur and the plaintiff failed to prove liability; claim dismissed.
26 Apr 2024

HUANG YUNLIAN 對 XUN YAO CONSTRUCTION LTD及另一人

Citation

[2024] HKCFI 1120
Court

Court of First Instance
Case number

HCPI51/2021

The Court accepted the defendants' orthopaedic expert evidence and the district court's findings, found the plaintiff's evidence not credible and that the accident caused mainly soft tissue injury with pre-existing degenerative changes not attributable to the accident; reasonable sick leave was four months, no established permanent loss of earning capacity or psychiatric/psychosomatic injury without medical evidence, and therefore awarded modest PSLA and specified heads of damages totaling HKD187,730, deducted prior payments and ordered defendants to pay the net sum of HKD41,786 with specifie…
24 Apr 2024

WONG SUET FONG 對 CHEONG WAH CONSTRUCTION COMPANY LTD

Citation

[2024] HKDC 649
Court

District Court
Case number

DCEC2550/2020

Court found on the balance of probabilities that the claimant suffered a work accident on 22 August 2020 while engaged by the respondent; respondent's speculative alternative explanations did not amount to contrary evidence under s5(4)(a). The court dismissed the claimant's appeals against the Board's Form 9 assessments because the claimant failed to discharge the burden of proof to show the Board's 1.5% permanent loss rating or the assessed period of incapacity were incorrect. The court adjusted the claimant's proven average monthly earnings to HK$13,018.9 and, applying CPI adjustment, HK$13…
12 Apr 2024

YUM SIU WAH v. WONG CHI SHING

Citation

[2024] HKCA 327
Court

Court of Appeal
Case number

CACV330/2021

The Court of Appeal held the judge erred in understating the claimant's pre-accident earnings by relying on the immediate 12‑month figure alone; the correct post‑tax pre‑accident annual earning should have been HK$732,739.50 (average of 2013/14 and 2014/15 taxed at 10%), and both the one‑year pre‑recovery loss and the quantified post‑recovery loss should be increased to HK$732,739.50 each, resulting in revision of the principal sum to HK$1,811,059.00.
27 Mar 2024

NASEEM-ABBAS AND ANOTHER v. RISING AERIAL PLATFORM COMPANY LTD AND OTHERS

Citation

[2024] HKCFI 918
Court

Court of First Instance
Case number

HCPI400/2019

The court accepted the unanimous single joint orthopaedic expert opinion and the plaintiffs' evidence as credible; found both plaintiffs were unable to resume work as scaffolders or general labourers due to residual impairments (necessitating intermittent rest or limiting prolonged walking/standing); therefore awarded the claimed pre‑trial and future loss of earnings in full, awarded loss of earning capacity for P1, and ordered interest and costs against the defendants including the insurer.
22 Mar 2024

HKSAR v. LI CHEUNG CHOI

Citation

[2024] HKCA 290
Court

Court of Appeal
Case number

CACC210/2018

The Court granted an out‑of‑time certificate on the reframed Question 1 because the admissibility of an accused's statements to medical practitioners (and the consequent admissibility of the expert opinion) where the accused does not testify is a point of law of great and general importance that was involved in the Court of Appeal decision; the Court refused a certificate on Question 2 because the meaning of "the settled intention of dying in pursuance of the pact" did not arise on the facts and was not a point of great and general importance in the decision.
13 Oct 2023

CHEUNG SAU CHU ROSANNA v. 魯珉軒 AND OTHERS

Citation

[2023] HKCFI 2103
Court

Court of First Instance
Case number

HCPI497/2020

The appeal was out of time by one week and there was no formal application under R1(3) with affidavit explanation for the delay; the plaintiff had defaulted on an unless order and was debarred from filing the reply; even if time had been extended, the appeal lacked a reasonable prospect of success, therefore no extension or relief from sanction was granted and the master’s directions were upheld.
13 Jul 2023

HUNG SHING KEUNG 對梁潤生 t/a 興旺搬屋公司

Citation

[2023] HKDC 918
Court

District Court
Case number

DCEC2233/2021

On the evidence, the applicant was an employee at the time of the accident (respondent's own filings and admissions and indicia of control and payment); respondent failed to prove deliberate self-harm or serious and wilful misconduct; applicant's daily wage accepted at HK$1,100 and monthly working days fixed at 26 (statistical average) giving monthly income HK$28,600; orthopaedic expert unchallenged assessed permanent loss of earning capacity at 3%; applying statutory formulas yields awards of HK$61,776 (s9), HK$296,677.33 (s10) and HK$1,024 (s10A) less HK$1,000 already paid, total HK$358,477…