Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Motor vehicle insurance (third party risks)

  • 6 Jan 1988

    WONG YUET HEUNG AND ANOTHER v. CHAN TSANG HUNG AND OTHERS

    Citation
    WONG YUET HEUNG AND ANOTHER v. CHAN TSANG HUNG AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA3763/1986

    The 1st Defendant was not negligent because he was placed in an emergency by a third party driving out from Yip Shing Street and reasonably elected to move into the outer lane to avoid collision; the 2nd Defendant, driving in the outer lane, breached his duty by failing to keep a proper lookout and attempting to pass, contributing to the accident — judgment against the 2nd and 3rd Defendants for damages to be assessed; the third party claim against the 1st Defendant is dismissed; the 1st Defendant failed to prove that the owner (2nd Third Party) knew of the fatality prior to 1986 so the indem…

  • TSENG PING YEE v. THE QUEEN

    Citation
    TSENG PING YEE v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC662/1968

    Majority held the magistrate erred: omission of para (h) from the 1906 Criminal Evidence Ordinance did not, on the proper construction read with the existing provision preserving English practice, abrogate the accused's right to make an unsworn statement; in any event the long-established practice in Hong Kong had become a rule of law and the appellant was entitled to make such a statement. The appeal was allowed.