Hong Kong Case Law: Decisions & Judgments

Topic

Occupiers liability ordinance

Legal area

Court

1 Apr 2022

TSANG WAI SIM 對 NIKKIN LIFTS AND ESCALATORS LTD 及另一人

Citation

[2022] HKDC 256
Court

District Court
Case number

DCPI2456/2019

First defendant, as the maintenance contractor, failed to prove it performed adequate periodic inspections or maintenance; the lift was unsafe and a sensor malfunction caused the 2-inch gap, so first defendant breached common law duty and specific statutory duties under Cap.618 (ss12(1),15(2)(b),22(1)); Occupiers Liability Ordinance was inapplicable on facts and defendant was liable to plaintiff for damages, with specified deductions and interest.
3 Oct 2012

MA YUET PONG v. CHAN KAR WAI AND OTHERS

Citation

MA YUET PONG v. CHAN KAR WAI AND OTHERS
Court

Court of First Instance
Case number

HCPI577/2010

The 1st defendant was negligent in reversing the forklift and failed to keep a proper look-out; the 2nd defendant is vicariously liable for that negligence; the 3rd defendant was not in breach of a common law duty because it took reasonable measures (warnings, letter, guards), lacked demonstrated power or it was impracticable to ban or segregate forklift operations on the common platform; the plaintiff was contributorily negligent (20%) for momentary loss of concentration; damages assessed accordingly.
6 Jun 2008

SULAKHAN SINGH v. FEDERAL SECURITIES LTD AND ANOTHER

Citation

SULAKHAN SINGH v. FEDERAL SECURITIES LTD AND ANOTHER
Court

District Court
Case number

DCPI231/2007

The court found on the evidence the plaintiff had an accident at the construction site while carrying out patrol duties; Jetline as occupier breached the common duty of care and statutory safety obligations by failing to ensure a safe work environment, and Federal breached its duty as employer by failing to ensure a safe system and proper equipment; both defendants were liable and negligence was apportioned equally, but plaintiff was 50% contributorily negligent for failing to use/obtain a torch and for proceeding in dim light after noticing the hazard.
24 Aug 2007

TSUI KWAN FAI v. GOLDFIELD N & W CONSTRUCTION CO LTD

Citation

TSUI KWAN FAI v. GOLDFIELD N & W CONSTRUCTION CO LTD
Court

District Court
Case number

DCPI97/2006

Plaintiff was a lawful visitor, fell from a defective wooden ladder bearing the defendant's name supplied at the site, the defendant as occupier and main contractor breached common law duty and statutory duties under the Construction Sites (Safety) Regulations, contributory negligence was not established, and plaintiff was entitled to damages totalling HK$783,670.
20 Jun 2007

CHAM CHEUNG SING v. YUNG PAK WA AND OTHERS

Citation

CHAM CHEUNG SING v. YUNG PAK WA AND OTHERS
Court

Court of First Instance
Case number

HCPI206/2003

Plaintiff was a lawful visitor; the staircase was the only access and was maintained in an unsafe condition (damp, food residue, obstructing boxes, single handrail, no adequate warning at the top); defendant as occupier breached the common duty of care under OLO and in negligence; plaintiff was not drunk and not contributorily negligent; the defendant alone dragged the unconscious plaintiff to the back alley without immobilizing his neck which foreseeably aggravated the spinal injury; causation established and quantum of damages assessed and reduced by prior settlement resulting in judgment f…
11 Jun 2007

LAU CHOK TING v. CHUN WO CONSTRUCTION AND ENGINEERING CO LTD AND OTHERS

Citation

LAU CHOK TING v. CHUN WO CONSTRUCTION AND ENGINEERING CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI1169/2004

Court found plaintiff employed by the 3rd defendant and that the defendants were negligent and in breach of statutory duties (FIUO s6A; OSHO ss6/7 and regs 24–31) and occupiers' duties; plaintiff was not contributorily negligent; damages assessed after discount for unrelated subsequent illnesses and ECC settlement.
18 Feb 2000

CHAN CHI MING BILLY v. LAU FUK CHEUNG t/a GOLD FULL RESTAURANT

Citation

CHAN CHI MING BILLY v. LAU FUK CHEUNG t/a GOLD FULL RESTAURANT
Court

Court of First Instance
Case number

HCPI787/1997

The Defendant was liable because the court found on the balance of probabilities that the Plaintiff did have an accident on 10 August 1994, the immediate cause was the wet and greasy floor and insecure placement of the rice container, the Defendant failed to maintain an adequate cleaning and supervision regime and breached duties as occupier and employer, and the Defendant was estopped by the prior EC settlement from denying the accident; no contributory negligence was found.
30 Oct 1997

TA XUONG v. THE INCORPORATED OWNERS OF SUN HING BUILDING

Citation

TA XUONG v. THE INCORPORATED OWNERS OF SUN HING BUILDING
Court

Court of First Instance
Case number

HCPI496/1995

The Incorporated Owners, through their Management Committee, were occupiers responsible for the maintenance and removal of abandoned bamboo scaffolding attached to the building; they breached their duty of care by permitting defective scaffolding to remain, causally resulting in the plaintiff's injuries, and are liable (including vicarious liability); the plaintiff was not contributorily negligent; substantial damages were awarded accordingly.
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.
20 Mar 1987

CHAN YUK LEE v. CHAN CHIU YING ALSO SPELT CHAN SIU YINC AND OTHERS

Citation

CHAN YUK LEE v. CHAN CHIU YING ALSO SPELT CHAN SIU YINC AND OTHERS
Court

Court of First Instance
Case number

HCA235/1985

The court held that the 3rd Defendant, having been appointed and notified as the registered demolition contractor, owed statutory duties under the Buildings Ordinance and related regulations and a common law/occupier duty of care and breached those duties by failing to supervise and secure the site; the 2nd Defendant was the principal contractor under the Construction Sites (Safety) Regulations and breached statutory and common law duties by failing to ensure fencing, lighting and safe systems and by failing properly to supervise or ensure competence of the subcontractor, and both defendants…