Hong Kong Case Law: Decisions & Judgments

Topic

Occupiers liability ordinance s3(4)(b)

Legal area

Court

5 Feb 2016

JIANG ZHONG v. YEUNG CHUN LEUNG formerly t/a DREAM HOME WORKSHOP AND OTHERS

Citation

JIANG ZHONG v. YEUNG CHUN LEUNG formerly t/a DREAM HOME WORKSHOP AND OTHERS
Court

District Court
Case number

DCEC1267/2010

Court exercised its discretion under section 2(2) ECO in favour of the injured plaintiff; on the balance of probabilities Yeung was the plaintiff's employer and breached duties as employer and occupier; Up Cheer was an occupier who failed to take reasonable care in selecting and supervising the contractor and is therefore liable in tort; Cheng/Ah Loi were not proven to be employers; no contributory negligence; specified statutory and common law damages awarded with set offsets and costs orders.
17 Nov 2008

WAN TSZ NOK AND ANOTHER v. HUNG FAI ELECTRICAL ENGINEERING LTD AND OTHERS

Citation

WAN TSZ NOK AND ANOTHER v. HUNG FAI ELECTRICAL ENGINEERING LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI1117/2004

The court held that Roctec and Polycom were not occupiers of the premises and, in any event, had discharged any common duty of care; reg 38A(3) imposes the non-delegable statutory duty on the contractor responsible for the site (the principal contractor, CCECC) not on specialist sub-contractors like Roctec; Baptist University, as owner, was a co-occupier but had reasonably entrusted the works to competent contractors and satisfied the four-point test under Yeung Kam Fuk; the defendants' negligence (principal contractor and subcontractors) was the sole cause of the fatality; therefore third-pa…

Hong Kong Case Law

JIANG ZHONG v. YEUNG CHUN LEUNG formerly t/a DREAM HOME WORKSHOP AND OTHERS

WAN TSZ NOK AND ANOTHER v. HUNG FAI ELECTRICAL ENGINEERING LTD AND OTHERS