Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Principal contractor

Legal area

Court

19 Dec 2008

SO YUK KAM v. LAU KAM YUEN t/a NGAI SHING CONSTRUCTION AND ANOTHER

Citation

SO YUK KAM v. LAU KAM YUEN t/a NGAI SHING CONSTRUCTION AND ANOTHER
Court

District Court
Case number

DCEC30/2008

Section 24 does not extend to an end-user who engages an independent contractor for work he himself uses; the 2nd Respondent was not a 'principal contractor' under s.24 because it did not contract with another to perform the welding. On the facts, however, the 1st Respondent acted as agent in recruiting the Applicant for the 2nd Respondent; therefore the 2nd Respondent was the Applicant's employer and liable to pay the awarded employees' compensation.
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…