Hong Kong Case Law: Decisions & Judgments

Topic

Post-traumatic stress disorder

Legal area

Court

14 Jul 2025

LAW KWAI YEE v. LAW MOON KWONG

Citation

[2025] HKDC 1137
Court

District Court
Case number

DCPI3261/2022

Interlocutory judgment on liability coupled with credible contemporaneous evidence (medical reports, video, payroll records and testimony) established the plaintiff's entitlement to damages; on quantified assessment the court awarded PSLA $285,000, pre-trial loss $75,187.88, loss of earning capacity $50,000 and special damages $8,275, with interest and costs as specified, because the plaintiff proved injury, treatment and some economic loss but did not prove a longer unemployment period causally linked to the injury.
23 Nov 2021

LAW SIN HA v. CONFIDENTIAL MATERIALS DESTRUCTION SERVICE LTD

Citation

[2021] HKDC 1456
Court

District Court
Case number

DCEC387/2017

Court found applicant suffered compensable psychiatric impairment causally linked to the accident, rejected respondent's allegation of malingering as a complete disproof, affirmed the MAB/Form 9 findings (21.5% permanent loss), accepted inclusion of recurrent bonuses (excluding MPF and one misallocated bonus) in pre-accident earnings, accepted the Form 9 certified sick leave period, and calculated awards under ss9,10 and 10A accordingly.
23 Jun 2020

MAN SZE WAI v. CHUI WOON HO CECILIA AND ANOTHER

Citation

[2020] HKDC 443
Court

District Court
Case number

DCPI2222/2016

Liability for the attack was established by default judgment; the plaintiff proved the nature and extent of physical injuries and psychiatric harm supported by joint expert reports which the court accepted; on that basis the court assessed and awarded damages totalling HK$961,055 with specified interest and a costs order nisi in favour of the plaintiff.
14 Aug 2015

LO HING KIN NELSON v. THE PERSONAL REPRESENTATIVE AND/OR THE EXECUTOR AND/OR THE ADMINISTRATOR OF THE ESTATE OF LAM YUK WAN (DECEASED) AND ANOTHER

Citation

LO HING KIN NELSON v. THE PERSONAL REPRESENTATIVE AND/OR THE EXECUTOR AND/OR THE ADMINISTRATOR OF THE ESTATE OF LAM YUK WAN (DECEASED) AND ANOTHER
Court

Court of First Instance
Case number

HCPI14/2012

Court accepted agreed PSLA and awarded pre-trial loss using the claimant's pre-accident average monthly net profit of HK$67,962.04 applied for 25 months (HK$1,699,051) covering continuous disability until late July 2011 despite pleaded intermittent sick leave; declined award for future loss of earnings and loss of earning capacity due to lack of evidence and mitigation and refused future medical expense award (HK$80,000) because claimant lacked genuine intention to undergo recommended major corrective surgery.
29 Jul 2011

LEUNG KANG WAI v. DUSSMANN SERVICE HONG KONG LTD

Citation

LEUNG KANG WAI v. DUSSMANN SERVICE HONG KONG LTD
Court

District Court
Case number

DCPI297/2010

The appeal was dismissed because there was no evidential basis to claim PTSD from the 2007 slip-and-fall, the clinical psychologist did not diagnose PTSD, the accident did not meet DSM-IV trauma criteria, the plaintiff's prior psychiatric history negated a clear causal link, and psychiatric expert evidence was neither relevant nor necessary and would be disproportionate and uneconomic.
6 Mar 2009

FU CHEUNG CHUN TOM v. MTR CORPORATION LTD

Citation

FU CHEUNG CHUN TOM v. MTR CORPORATION LTD
Court

District Court
Case number

DCPI1707/2005

On the evidence the operator followed standard procedure, broadcast the warning and beeping alarm, and the door control and indicator systems were functioning and observable by the operator; the CCTV shows a brief nipping lasting a few seconds and the plaintiff's account was exaggerated; absent expert proof the door system was unsafe; accordingly MTR's duty was discharged and liability not established (claim dismissed).
31 Aug 2007

LO SIU NING v. CHAN KAI HING AND ANOTHER

Citation

LO SIU NING v. CHAN KAI HING AND ANOTHER
Court

Court of First Instance
Case number

HCPI301/2004

Master accepted the Plaintiff's evidence and psychiatric opinion of Dr Wong over the Defendants' challenges, found residual psychiatric injury (PTSD and depression) materially limited return to pre-accident employment, applied a multiplier of 9 for future earnings loss, awarded quantified sums for PSLA, past and future earnings, special and future medical expenses, and ordered interest and costs accordingly.
26 Jun 2007

LAW MEI NGO v. HOSPITAL AUTHORITY

Citation

LAW MEI NGO v. HOSPITAL AUTHORITY
Court

District Court
Case number

DCEC1637/2006

Judge found on the evidence, including psychiatric opinion, that the applicant suffered PTSD and Major Depressive Disorder caused by her SARS ICU work, that the condition amounted to a mental disability throughout the limitation period and therefore constituted a reasonable excuse under section 14(4); leave to file out of time was granted.
29 Jun 2006

CHIU PUI YIN v. CHINA AIRLINES, LTD

Citation

CHIU PUI YIN v. CHINA AIRLINES, LTD
Court

Court of First Instance
Case number

HCPI715/2005

The Master’s order framing a preliminary issue on the plaintiffs' entitlement to claim damages for alleged PTSD as 'bodily injury' is set aside because the issue, as framed, concerns specific factual entitlement of each plaintiff and thus requires medical and factual inquiry (including whether there is organic brain injury), which cannot be determined as a preliminary legal issue.
4 May 2005

NG KA HO v. YEUNG KWOK LEUNG

Citation

NG KA HO v. YEUNG KWOK LEUNG
Court

District Court
Case number

DCPI28/2004

The court found on the balance of probabilities that the plaintiff's current condition represents progression of a pre-existing Pervasive Developmental Disorder aggravated, but not primarily caused, by the accident; the accident produced only mild PTSD and a small permanent impairment. Consequently, the court awarded PSLA and limited future loss sums while disallowing private future treatment and tuition claims, applying comparable authorities and a lump sum approach for uncertain future earning loss.