Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Tour operator liability
  • 31 May 1994

    WONG MEE WAN v. KWAN KIN TRAVEL SERVICES LTD. AND OTHERS

    Citation
    WONG MEE WAN v. KWAN KIN TRAVEL SERVICES LTD. AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV189/1993

    The Court of Appeal held the appellant did not owe a non-delegable primary duty to ensure the safety of tour members in respect of the speedboat crossing; the facts were distinguishable from Rogers v Night Riders because the appellant legitimately delegated local transport arrangements to an independent and reputable Chinese contractor and could not reasonably have anticipated the use of a speedboat as part of the scheduled itinerary; accordingly the appellant was not liable for the negligence of the 2nd or 3rd defendants and the trial judgment was set aside.