Hong Kong Case Law: Decisions & Judgments

Topic

Quantum of statutory compensation

Legal area

Court

9 Jun 2025

TSE KWOK WAH v. CHEUNG LAP SANG trading as HOP LEE COMPANY AND ANOTHER

Citation

[2025] HKDC 716
Court

District Court
Case number

DCEC1066/2020

The court preferred the Applicant's consistent and corroborated evidence over R1's contradictory and partly fabricated testimony, found on the balance of probabilities that R1 exercised control, arranged attendance, handled and delivered wages and supervised work and therefore was the Applicant's employer; allowed the LOEC appeal and fixed LOEC at 10%; calculated statutory compensation on monthly earnings of HK$17,500 and awarded s.9, s.10 and s.10A sums totaling HK$293,765 with interest and costs nisi against R1 and R2.
29 Apr 2021

LIANG LIUSHENG v. HONG KONG WAI LUN CONSTRUCTION LTD t/a WAI LUNG CONSTRUCTION AND OTHERS

Citation

[2021] HKDC 495
Court

District Court
Case number

DCEC964/2017

On the balance of probabilities the 1st respondent was the applicant's employer based on contemporaneous handwritten note, an invoice from the 1st respondent consistent with the applicant's account, the applicant's bank deposit, and admissions of presence in Chan's affirmation; monthly earnings for April 2015 were HK$25,000 (HK$1,000 x 25 days); court assessed LOEC at 4% accepting Dr Lee's opinion; section 9, 10 and 10A statutory compensation calculated accordingly resulting in judgment for the applicant against the 1st respondent.
13 Dec 2018

HO MAN KWONG 對 LEUNG HOI HUNG

Citation

[2018] HKDC 1511
Court

District Court
Case number

DCEC1144/2015

The judge accepted the claimant's unchallenged credible evidence, applied the indicia test from Poon Chau Nam to find an employer‑employee relationship, found the accident occurred in the course of employment due to unsafe working method and lack of safety equipment, and awarded statutory compensation calculated under the Employees' Compensation Ordinance (ss.7,9,10,10A,11) totaling HK$267,969.67 with interest and costs.
31 Oct 2017

LAI YUK TSAN v. POLY CHANCE (ASIA) LTD AND ANOTHER

Citation

LAI YUK TSAN v. POLY CHANCE (ASIA) LTD AND ANOTHER
Court

District Court
Case number

DCEC2601/2014

The court found claimant was an employee based on uncontested evidence of employer control, provision of equipment and absence of profit/risk sharing; therefore the accident arose out of and in the course of employment. The parties' agreed calculation of monthly earnings ($17,500) was accepted and statutory compensation under ss9,10 and 10A totalling $548,500 was awarded, with interest and costs against the 1st respondent.
2 Nov 2015

YU WING FUK v. WONG TSAN FAT

Citation

YU WING FUK v. WONG TSAN FAT
Court

District Court
Case number

DCEC905/2013

Judge preferred claimant's evidence and found the relationship exhibited indicia of employment (daily pay, provision of equipment, supervision and authorization); rejected respondent's account as inherently improbable; concluded the injury occurred in the course of and out of employment applying statutory presumption; adopted Form 7 assessment (2% permanent loss, 193 days sick leave) and applied sections 9, 10 and 10A formulas to award HK$131,833 plus costs order nisi.
10 Apr 2008

LAW YIU CHAN AND ANOTHER v. WONG KWOK-WAI t/a SUPPER REPAIRING CO

Citation

LAW YIU CHAN AND ANOTHER v. WONG KWOK-WAI t/a SUPPER REPAIRING CO
Court

District Court
Case number

DCEC804/2007

On credibility and the totality of factors (vocative use of 'boss', employer-supplied tools, fixed hours, supervision, wage payments and corroborative contemporaneous statements), the court found DP was an employee under s.2; the moving of the gantry was in the course of employment and s.5(4) deeming applied, so the Respondent was liable to pay statutory compensation under s.6.
18 Nov 2005

LEE MUI FONG v. WONG KIT MAN AND OTHERS

Citation

LEE MUI FONG v. WONG KIT MAN AND OTHERS
Court

District Court
Case number

DCEC455/2002

Court held that although Leung's employment was illegal (two-way permit holder not lawfully employable), the illegality was of low turpitude and the court properly exercised its discretion under s.2(2) to treat him as employed; factual analysis using multi-factorial test established that Sze was an employee of Miss Wong (Wong's Building Cleaning Service Company) and that Leung was also employed by Miss Wong; accordingly Miss Wong (employer) and insurer Jerneh were jointly and severally liable to pay statutory compensation and interest; specific quantum awards were calculated and apportioned u…
29 Mar 2004

CHAN HO v. 999 H.K. PETROLEUM CO LTD

Citation

CHAN HO v. 999 H.K. PETROLEUM CO LTD
Court

District Court
Case number

DCEC481/2002

Sleeping and resting aboard during a required 48‑hour shift was incidental to the deceased's employment and therefore he was in the course of his employment; the respondent failed to rebut the statutory presumption under s.5(4) because the attacker's evidence was rejected as unreliable and the circumstantial evidence established the deceased was defending himself when killed; accordingly the death arose out of and in the course of employment and statutory compensation under s.6 is payable.