Hong Kong Case Law: Decisions & Judgments

Topic

Sick leave period

Legal area

Court

27 Feb 2025

LAM TUN WA v. SAN HING DRILL CUT ENGINNEERING COMPANY LTD AND OTHERS

Citation

[2025] HKDC 324
Court

District Court
Case number

DCPI3973/2022

The court found the applicant sustained mild head and soft tissue neck and back injuries with psychiatric adjustment disorder but no structural or neurological damage; the medical evidence (SJE) established MMI within 12 months and limited residual orthopaedic impairment; monthly earnings were properly calculated at HK$28,600 by adopting a flexible 30‑day/working‑days approach given continuous work immediately prior to the accident; a 12‑month sick leave is appropriate for s10 compensation (s10 presumption rebutted), permanent loss of earning capacity assessed at 6.5% for ECO purposes, and to…
26 Oct 2011

MAN KING SING v. CHAN SHUN ON t/a FORTUNATE PRINTERS (A FIRM) AND ANOTHER

Citation

MAN KING SING v. CHAN SHUN ON t/a FORTUNATE PRINTERS (A FIRM) AND ANOTHER
Court

District Court
Case number

DCEC32/2010

The court accepted the Board's 4% loss of earning capacity, adopted average monthly earnings of $11,076, allowed the applicant's s.18 appeal varying the certified period of absence to 19 May 2008–17 March 2009 (303 days less 10 statutory holidays = 293 days), applied the s.10A medical expense cap reducing claimed bone‑setting treatments to $200 each, calculated statutory awards under s.9 ($31,898.88), s.10 ($86,540.48) and s.10A ($9,120.00), set off prior advance/periodic payments of $93,535.02 and entered judgment for the net sum $34,024.34 with interest and costs to be taxed.
10 Jun 2008

MA KIM SING v. URBAN PROPERTY MANAGEMENT LTD AND ANOTHER

Citation

MA KIM SING v. URBAN PROPERTY MANAGEMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI270/2007

Edit the orthopaedic report to remove the non-psychiatric expert's psychiatric comments because the plaintiff relied on a psychiatrist and the parties agreed; allow oral evidence from the orthopaedic experts limited to the specific contested issue of the length of sick leave (given conflicting opinions and Court of Appeal authority), but refuse leave to call them on resumption of pre-accident work because the written reports were sufficiently clear on that point (subject to trial judge's discretion).
29 Apr 2008

KASHIF MUNIR v. HENG FAI GEOG. & CONST CO LTD AD ANOTHER

Citation

KASHIF MUNIR v. HENG FAI GEOG. & CONST CO LTD AD ANOTHER
Court

District Court
Case number

DCEC401/2006

Court accepted applicant had abdominal contusion and mild soft tissue back injury but found the applicant exaggerated symptoms; accepted Dr Chan's opinion (DRE category I, 2% whole person impairment) over Dr Lam; allowed appeal against Form 7, assessed loss of earning capacity at 3%, upheld sick leave assessment in Form 7 (413 days), awarded statutory sums under sections 9, 10 and 10A totalling HKD150,005.74 less advances, with net judgment HKD61,005.74 plus interest and costs nisi.

Hong Kong Case Law

LAM TUN WA v. SAN HING DRILL CUT ENGINNEERING COMPANY LTD AND OTHERS

MAN KING SING v. CHAN SHUN ON t/a FORTUNATE PRINTERS (A FIRM) AND ANOTHER

MA KIM SING v. URBAN PROPERTY MANAGEMENT LTD AND ANOTHER

KASHIF MUNIR v. HENG FAI GEOG. & CONST CO LTD AD ANOTHER