Hong Kong Case Law: Decisions & Judgments

Topic

Occupier's liability ordinance

Legal area

Court

24 Feb 2010

CHEUNG YUET HAR v. FORCE TEAM LIMITED t/a HOI TIN (ASIA) HARBOUR RESTAURANT

Citation

CHEUNG YUET HAR v. FORCE TEAM LIMITED t/a HOI TIN (ASIA) HARBOUR RESTAURANT
Court

District Court
Case number

DCPI44/2009

The exclusive lift was foreseeably liable to become wet/oily from patrons and deliveries; the Restaurant, as occupier, failed to take reasonable steps to prevent or mitigate that foreseeable risk (no effective mat, inadequate cleaning regime/records and ineffective warnings); plaintiff slipped and injury was caused by that condition; plaintiff was not contributorily negligent; defendant liable and damages awarded accordingly.
9 Feb 2006

WONG CHING WA BANGI v. EAST ASIA ENTERTAINMENT LTD AND OTHERS

Citation

WONG CHING WA BANGI v. EAST ASIA ENTERTAINMENT LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI1165/2004

The court held that under the contractual arrangements and practical control exercised by the 1st Defendant the 1st and 2nd Defendants were joint occupiers of the site and that the 3rd Defendant as employer had required the plaintiff to work on an unsafe platform; all breached their duties and are liable in negligence and/or statutory breach; there was no contributory negligence by the plaintiff; apportionment was fixed 50% to the employer (3rd Defendant) and the remaining 50% jointly and severally to the 1st and 2nd Defendants; damages were assessed and awarded to the plaintiff.
15 Mar 2002

CHENG PIK KIN AND ANOTHER v. ALLIED MARINE CONSULTANTS LTD. AND OTHERS

Citation

CHENG PIK KIN AND ANOTHER v. ALLIED MARINE CONSULTANTS LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI748/2000

Where a lawful visitor died after entering an enclosed cargo access hatch, the master/shipowner bears the greater share of responsibility for failing to ensure safety and to monitor operations; the employer also breached duties by inadequate training/informing; the deceased was contributorily negligent; apportionment of liability follows causation and blame: 50% to shipowner/charterer, 30% to employer, 20% to deceased; contribution follows these proportions and allows recovery by 2nd/3rd defendants from 1st defendant accordingly.
8 Oct 1998

CHENG WAH MING v. TAI SHING ENGINEERING CO. LTD. and CHINA LIGHT & POWER CO. LTD. (Third Party)

Citation

CHENG WAH MING v. TAI SHING ENGINEERING CO. LTD. and CHINA LIGHT & POWER CO. LTD. (Third Party)
Court

Court of First Instance
Case number

HCPI5/1994

Defendant was negligent and in breach of statutory and common law duties because it failed to take reasonable precautions (not digging trial holes at pavement or adopting alternative excavation approach after noticing broken duct), and having been convicted under Regulation 47(1) the Defendant failed to discharge the shifted burden to prove it was not negligent; Plaintiff proved causation and is entitled to judgment for damages after deduction of statutory compensation paid.

Hong Kong Case Law

CHEUNG YUET HAR v. FORCE TEAM LIMITED t/a HOI TIN (ASIA) HARBOUR RESTAURANT

WONG CHING WA BANGI v. EAST ASIA ENTERTAINMENT LTD AND OTHERS

CHENG PIK KIN AND ANOTHER v. ALLIED MARINE CONSULTANTS LTD. AND OTHERS

CHENG WAH MING v. TAI SHING ENGINEERING CO. LTD. and CHINA LIGHT & POWER CO. LTD. (Third Party)