Hong Kong Case Law: Decisions & Judgments

Topic

Permanent disability assessment

Legal area

Court

5 Aug 2013

HO CHI YAN v. ELITE CHAMBER LTD

Citation

HO CHI YAN v. ELITE CHAMBER LTD
Court

District Court
Case number

DCEC984/2012

The court found on the applicant's unchallenged evidence that she was assaulted at work and that the assault and subsequent threats caused a psychotic depressive illness; the employer was held liable under the Employees Compensation Ordinance and compensation was assessed on accepted medical opinion and statutory formulae, totaling HK$162,288 with an order for costs nisi.
10 May 2013

TSANG WING TONG v. JOY FAITH ENGINEERING LIMITED

Citation

TSANG WING TONG v. JOY FAITH ENGINEERING LIMITED
Court

District Court
Case number

DCEC1635/2012

Respondent had no arguable defence, the applicant demonstrated financial hardship and ongoing incapacity supported by medical evidence, and the interim payment sought (HK$27,440) did not exceed damages the court considered likely to be recovered; therefore an interim payment was just and should be ordered with interest and costs.
6 Jan 2012

TSANG CHOI PING v. LI YIN LUN

Citation

TSANG CHOI PING v. LI YIN LUN
Court

District Court
Case number

DCEC447/2011

The court accepted the expert medical evidence that the applicant's hypertrophic scarring materially reduced her ability to perform heavy duties, allowed the section 18 appeal, assessed a 7% permanent loss of earning capacity, and calculated and awarded section 9, section 10 (net) and section 10A compensation accordingly with interest and taxed costs.
22 Feb 2002

Choi Kwok Hing, William v. Ching Ya Fabric Ltd.

Citation

Choi Kwok Hing, William v. Ching Ya Fabric Ltd.
Court

District Court
Case number

DCEC797/2001

The court accepted the applicant's explanation (initial belief of minor injury, insurer negotiations and later discovery of nerve damage with a 20% permanent disability) as a reasonable excuse and exercised its discretion under s14(4) to grant leave to proceed despite the delay.
21 Mar 1988

HO YUN KAN v. SAM SING TRANSPORTATION CO. (a firm)

Citation

HO YUN KAN v. SAM SING TRANSPORTATION CO. (a firm)
Court

Court of First Instance
Case number

HCA5191/1987

Interlocutory liability established; on damages the court accepted reduced and evidenced earnings of $3,480/month, limited pre-trial loss to two years because domestic factors, rejected multiplier method for future earnings and awarded a lump sum for loss of earning capacity of $70,000 based on residual disability and uncertain future employment; general damages set at $65,000 based on medical reports and comparable authority.
23 Jul 1970

LAI WING JEUNG v. HO YING KAN AND ANOTHER

Citation

LAI WING JEUNG v. HO YING KAN AND ANOTHER
Court

Court of First Instance
Case number

HCA779/1969

On the unchallenged evidence of injuries, hospitalisation for two months, medical reports and a Medical Board finding of 20% permanent disability, the Registrar assessed and awarded $25,000 as general damages for pain, suffering, loss of amenities and disfigurement, together with agreed special damages of $3,186; special damages to be paid out to the next friend and general damages to be invested by the Registrar.
CHU YUET-SIU v. CHINESE RESTAURANT LTD

Citation

CHU YUET-SIU v. CHINESE RESTAURANT LTD
Court

District Court
Case number

DCEC78/1976

Court accepted $35/day (including meals), adopted a 30-day multiplier to compute monthly earnings as $1,050; accepted the medical certificate as certifying 253 days' sick leave under s.10(2); held permanent disability falls to be assessed under s.9(1)(a) as loss of right arm between wrist and elbow (50%); awarded compensation accordingly totaling $31,103.33.

Hong Kong Case Law

HO CHI YAN v. ELITE CHAMBER LTD

TSANG WING TONG v. JOY FAITH ENGINEERING LIMITED

TSANG CHOI PING v. LI YIN LUN

Choi Kwok Hing, William v. Ching Ya Fabric Ltd.

HO YUN KAN v. SAM SING TRANSPORTATION CO. (a firm)

LAI WING JEUNG v. HO YING KAN AND ANOTHER

CHU YUET-SIU v. CHINESE RESTAURANT LTD