Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Non-delegable duties

Legal area

Court

20 Aug 2021

MOK PUI CHE the Administratrix of the estate of IP KING TONG, deceased v. KWOK HING ENGINEERING CO (a firm) AND ANOTHER

Citation

[2021] HKDC 1026
Court

District Court
Case number

DCPI3725/2019

The court found on the balance of probabilities the Deceased fell while performing preparatory work from an unfenced roof through a void; D1 and D2 breached Reg 38AA and Reg 38B by failing to provide independent lifelines, proper anchorages or safety nets and are 90% liable; D1 was not the Deceased's employer (the Duo were independent contractors) and defendants failed to prove any contractual delegation of statutory duties to the Duo; the Deceased breached Reg 38AA to a limited extent by failing to follow up and is 10% contributorily liable; damages of HK$2,044,513 entered for the plaintiff…
20 Feb 2009

HKSAR v. SHUN TAK PROPERTIES LTD

Citation

HKSAR v. SHUN TAK PROPERTIES LTD
Court

Court of First Instance
Case number

HCMA1014/2006

The Court of Appeal held that the offence under reg 4(e) is one of absolute/strict liability in the context of public safety; "ensure" imposes a non-delegable duty on the owner to make certain the gondola is properly maintained, the common law due diligence / honest and reasonable belief defence is not available for this safety regulatory offence, and on the facts the appellant failed to ensure proper maintenance; the appeal is dismissed.