Hong Kong Case Law: Decisions & Judgments

Topic

Safe place of work

Legal area

Court

13 Nov 2018

LAM TAK WA v. EVERBEST PORT SERVICES LTD (IN LIQUIDATION) AND ANOTHER

Citation

[2018] HKCFI 2461
Court

Court of First Instance
Case number

HCPI455/2016

The 1st defendant breached its duty to provide a safe system/place of work by failing to guard the hatch cover edge and provide handrails or adequate safeguards; the plaintiff was not contributorily negligent; however, the damages awarded (after assessment and deductions) are less than the employees' compensation already received, entitling credit and resulting in dismissal of the action and an order for the plaintiff to pay the 1st defendant's costs.
14 Feb 2018

LEUNG HOI WAI v. PO LEUNG KUK

Citation

[2018] HKCFI 356
Court

Court of First Instance
Case number

HCPI999/2015

On the balance of probabilities the plaintiff's account lacked credibility and the evidence supported the conclusion that the table fell due to the plaintiff's handling; moving a folding table is an ordinary, non-inherently dangerous task for which no special system of work was required; defendant was not negligent and the claim is dismissed (plaintiff would in any event have been 100% contributorily negligent).
14 Nov 2005

WONG LOK KEUNG v. DISCOVERY BAY TRANSPORTATION SERVICES LTD

Citation

WONG LOK KEUNG v. DISCOVERY BAY TRANSPORTATION SERVICES LTD
Court

Court of Appeal
Case number

CACV238/2005

The Court held DBTS negligent for failing to eliminate or mitigate the risk posed by a raised one‑inch metal plate occupying the major part of a narrow passageway where employees must move quickly and where falling could have dire consequences; plaintiff was contributorily negligent but only to the extent of 20%, and the proper award is 80% of assessed damages less employees' compensation, totalling HKD 124,389.70, with interest and costs as ordered.
13 Apr 2005

WONG LOK KEUNG v. DISCOVERY BAY TRANSPORTATION SERVICES LTD

Citation

WONG LOK KEUNG v. DISCOVERY BAY TRANSPORTATION SERVICES LTD
Court

District Court
Case number

DCPI518/2004

The defendant was not liable because the raised metal plate (about 2 cm) had been long-standing, was widely used without prior incidents or complaints, and the hazard was of remote risk such that there was no breach of the employer's duty to provide a safe place of work; alternatively, had liability been established the plaintiff was 50% contributorily negligent and damages would be reduced accordingly.
1 Apr 1987

LAU WING SHING v. CHUNG FAT MECHANICAL WORKS COMPANY AND ANOTHER

Citation

LAU WING SHING v. CHUNG FAT MECHANICAL WORKS COMPANY AND ANOTHER
Court

Court of First Instance
Case number

HCA109/1986

The court held that both the employer (1st Defendant) and the occupier (2nd Defendant) breached their duty by leaving and permitting an unreasonably narrow gap without adequate precautions or warnings, which created the dangerous condition that caused the accident; however the plaintiff failed to keep proper lookout and was found 65% contributorily negligent, so damages were awarded to plaintiff but reduced by 65% with interest and credit for any workmen's compensation paid.

Hong Kong Case Law

LAM TAK WA v. EVERBEST PORT SERVICES LTD (IN LIQUIDATION) AND ANOTHER

LEUNG HOI WAI v. PO LEUNG KUK

WONG LOK KEUNG v. DISCOVERY BAY TRANSPORTATION SERVICES LTD

WONG LOK KEUNG v. DISCOVERY BAY TRANSPORTATION SERVICES LTD

LAU WING SHING v. CHUNG FAT MECHANICAL WORKS COMPANY AND ANOTHER