19 Dec 2012
FUNG SO YIN v. SHEK HAY YAU t/a HAI PAI FISHERY CO AND ANOTHER
- Citation
- FUNG SO YIN v. SHEK HAY YAU t/a HAI PAI FISHERY CO AND ANOTHER
- Court
- District Court
- Case number
- DCEC1425/2005
Applicant failed to prove on the balance of probabilities that the transfer from the vessel to the sampan was an accident that produced the condition causing the Deceased's death; the evidence of the transfer was hearsay and inconsistent and medical opinions were speculative in the absence of post-mortem evidence; therefore the s5(4) presumption did not arise and liability under s5(1) ECO was not established.