Hong Kong Case Law: Decisions & Judgments

Topic

Workplace safety equipment

Legal area

Court

17 Mar 2009

CHAN KWOK WAI v. THE SECRETARY FOR JUSTICE

Citation

CHAN KWOK WAI v. THE SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCPI177/2005

The employer provided reasonably sufficient personal protective equipment and instructions; the plaintiff undertook an inherently dangerous manoeuvre for convenience (detaching the long lanyard while straddling the guardrail) which was avoidable and not shown to be caused by employer omission, therefore the defendant is not liable; nonetheless the court assessed quantum of loss claimed by the plaintiff.
20 Dec 2002

YUEN YIU KWONG v. CHAN KWOK CHUEN AND ANOTHER

Citation

YUEN YIU KWONG v. CHAN KWOK CHUEN AND ANOTHER
Court

Court of First Instance
Case number

HCPI1356/1999

1st Defendant was negligent for failing to supply suitable materials and a safe system of work; the platform fell within regulation 38L and breached reg 38L(b)(i) and (iii); 1st Defendant vicariously liable for negligence of employee who helped construct platform; 2nd Defendant was responsible contractor and liable under regulation 38L; Plaintiff was 50% contributorily negligent as team leader for using or permitting a patently defective backbone; damages awarded but reduced by 50% and adjusted by deduction of employee compensation received.
28 Feb 2000

LAU KIN WAH v. LAM SHU KAN

Citation

LAU KIN WAH v. LAM SHU KAN
Court

Court of First Instance
Case number

HCPI1208/1998

Court accepted plaintiff's account, found employer negligent for failing to supply safety belts/rigging despite known risk and written instructions, rejected defendant's late and inconsistent allegation that plaintiff was fooling about, found no contributory negligence, and awarded full damages as quantified in judgment.

Hong Kong Case Law

CHAN KWOK WAI v. THE SECRETARY FOR JUSTICE

YUEN YIU KWONG v. CHAN KWOK CHUEN AND ANOTHER

LAU KIN WAH v. LAM SHU KAN