Hong Kong Case Law: Decisions & Judgments

Topic

Statutory compensation calculation

Legal area

Court

22 Jan 2025

WANG XIANGYANG 對 ITMFG LTD

Citation

[2025] HKDC 80
Court

District Court
Case number

DCEC2143/2021

On the balance of probabilities the court found the applicant was the respondent's employee because respondent controlled the work, paid wages directly, provided tools, had statutory supervisory obligations as registered minor works contractor, and respondent failed to produce accounting records while its representative's evidence was unreliable; accordingly respondent liable under the Employees' Compensation Ordinance and ordered to pay statutory compensation totalling HK$144,439.83 plus interest and costs.
15 Feb 2024

MOHAMMAD AKHTAR v. LEUNG KWOK CHEONG formerly trading as CHUN LOK TRANSPORTATION COMPANY

Citation

[2024] HKDC 251
Court

District Court
Case number

DCEC283/2022

Court found employment relationship on overall impression: high degree of control by Respondent, Respondent provided the lorry and business documents, fixed monthly remuneration with no profit opportunity, tax treatment and integration into Respondent's operations. Alleged substitute was rejected as afterthought and unsupported. Therefore Applicant entitled to compensation under ss 9,10,10A Cap.282. For quantum Court adopted Sixth Schedule cap of HK$30,530 (lesser than actual earnings), multiplier 72, 0.5% permanent loss -> HK$10,990.80; temporary incapacity 2.13 months -> HK$59,640; medical…
31 Mar 2022

SIU WAI YIU 對劉彥麟及另一人

Citation

[2022] HKDC 244
Court

District Court
Case number

DCEC603/2020

On the facts the claimant remained an employee of Tai Ping Di at the time of the accident; the accident occurred as pleaded and caused the injuries; the injuries arose out of and in the course of employment; the Form 9 review findings on injury and disability are binding absent appeal and the statutory formula governs compensation; the s44A disclosure application failed because claimant's pleaded case was that no policy existed and the statutory inspection remedy was not a procedural basis to compel disclosure inconsistent with his pleaded position.
25 Nov 2019

CHOW CHI YIM（周志炎）by WONG YUN HO（黃潤好）his wife and next friend 對李贊寶及另二人

Citation

[2019] HKDC 1496
Court

District Court
Case number

DCEC2737/2016

Applying the multi-factor test and witness credibility assessments the court found on the balance of probabilities the deceased was an employee working on daily wages under the direction and with tools provided by the First Respondent; the First Respondent was the deceased's employer and the Second Respondent was the main contractor and therefore also liable under the Employees' Compensation Ordinance. The Form 9 assessment (100% permanent loss; 36 months sick leave) was accepted as evidence. The court fixed the deceased's pre-accident average monthly working days at 13 days (daily wage HK$1,…
31 May 2017

鄧奏濃對 NG PUI SHAN STELLA, THE ADMINISTRATRIX OF THE ESTATE OF 吳貴忠, DECEASED

Citation

鄧奏濃對 NG PUI SHAN STELLA, THE ADMINISTRATRIX OF THE ESTATE OF 吳貴忠, DECEASED
Court

Court of Appeal
Case number

CACV217/2012

On the totality of the factual indicia (deceased's control, provision of tools and materials, appellant following directions, lack of independent investment or financial risk), the appellant was an employee at the time of the accident; the regional judge's contrary finding was plainly wrong and was overturned, and the appellant is entitled to the previously calculated statutory compensation; interest was awarded only up to the filing of the notice of appeal because awarding further interest against the estate after prolonged delay would be unfair.
20 Mar 2017

CHAN KWUN CHEONG 對鍾震宇及另一人

Citation

CHAN KWUN CHEONG 對鍾震宇及另一人
Court

District Court
Case number

DCEC1209/2015

The court accepted the applicant's consistent evidence and objective documents and rejected the first respondent's inconsistent accounts; therefore the first respondent was the employer at the time of the accident and liable under the Employees' Compensation Ordinance; the second respondent was not the contractor. Compensation was calculated under ss.9,10 and 10A to HK$20,171.87 and interest and costs were allocated as ordered.
5 Jan 2017

TANG LAI KING（for herself and on behalf of the members of the family of KEUNG CHOI ON, deceased v. LEIGHTON CONTRACTORS (ASIA) LTD and GAMMON CONSTRUCTION LTD t/a LEIGHTON-GAMMON JOINT VENTURE (a firm) AND OTHERS

Citation

TANG LAI KING（for herself and on behalf of the members of the family of KEUNG CHOI ON, deceased v. LEIGHTON CONTRACTORS (ASIA) LTD and GAMMON CONSTRUCTION LTD t/a LEIGHTON-GAMMON JOINT VENTURE (a firm) AND OTHERS
Court

District Court
Case number

DCEC2218/2014

On the balance of probabilities the Workplace was rented and used for Project 810A works and the Deceased was employed by Mr Kan trading as Tung Fat (not by Mr Hui); accordingly Tung Fat as employer and the JV as principal contractor are liable under the Employees' Compensation Ordinance; hearsay Labour Department declarations and magistracy evidence were sufficiently reliable and accorded weight.
4 Sept 2015

MAK CHAN HING v. WONG KWOK WAH t/a PENG CHING CO AND ANOTHER

Citation

MAK CHAN HING v. WONG KWOK WAH t/a PENG CHING CO AND ANOTHER
Court

District Court
Case number

DCEC840/2014

The court accepted the deceased's daily wage at HK$650 and awarded statutory death compensation of HK$1,419,600 (84 months at 26 days/month); mourners' meals are not recoverable as part of 'reasonable funeral expenses' under s6(5); charitable donations received by the family are not to be deducted from recoverable funeral expenses; funeral expenses of HK$37,381 were awarded; total judgment HK$1,456,981 with interest (half judgment rate to judgment, then judgment rate) and costs to the applicant.
9 Jul 2015

LUI KWOK MING v. PANG LEE TRANSPORTATION CO LTD

Citation

LUI KWOK MING v. PANG LEE TRANSPORTATION CO LTD
Court

District Court
Case number

DCEC1684/2011

In the absence of any contradictory evidence the court accepted the applicant's evidence and expert report, applied the Hong Kong Paper Mills formula to set loss of earning capacity at 50.10%, calculated s9 compensation using the statutory capped monthly earnings (HK$21,500) and multiplier 72, calculated s10 compensation on the applicant's actual monthly earnings (HK$25,433) for 36 months, awarded s10A medical expenses of HK$4,200, ordered interest at half judgment rate from the date of accident and judgment rate thereafter, and ordered costs to the applicant to be taxed.
15 Jun 2007

LAM CHI KEUNG v. KIN SHING CONSTRUCTION CO LTD AND OTHERS

Citation

LAM CHI KEUNG v. KIN SHING CONSTRUCTION CO LTD AND OTHERS
Court

District Court
Case number

DCEC1375/2004

Judge found the applicant not a reliable witness due to multiple material inconsistencies and absence of independent corroboration; concluded the injury did not arise out of and in the course of employment with Chiu Wai and accordingly dismissed the employees' compensation application; alternatively, if overturned on appeal, judge assessed monthly earnings at HK$12,000 and would extend sick leave to three years and quantify compensation accordingly.