Hong Kong Case Law: Decisions & Judgments

Topic

Accident

Legal area

Court

9 Jul 2009

CHEUNG SHUK WAH JESSICA v. WONG KANG HUNG DARWIN formerly t/a NEW VOICE PUB

Citation

CHEUNG SHUK WAH JESSICA v. WONG KANG HUNG DARWIN formerly t/a NEW VOICE PUB
Court

District Court
Case number

DCEC842/2007

The court found that accompanying the waitress from the pub to her usual destination was reasonably incidental to the deceased's employment duties to ensure staff safety, and therefore the fatal attack occurred in the course of and arose out of his employment, establishing the respondent's liability under the Employees Compensation Ordinance.
7 Feb 2005

NGAN CHIU HIN v. TUNG YU LOK

Citation

NGAN CHIU HIN v. TUNG YU LOK
Court

District Court
Case number

DCEC341/2003

The judge accepted the credible eyewitness account that a plastic strip broke and the Applicant fell at work and accepted the applicant's medical expert that the fall materially contributed to rupture of a pre-existing aneurysm; applying the governing legal tests the accident was a substantial contributing cause and employer liable; damages awarded.
17 Dec 1998

HKSAR v. LEUNG KING HONG

Citation

HKSAR v. LEUNG KING HONG
Court

Court of First Instance
Case number

HCMA1104/1997

The magistrate, having seen and heard the witnesses, was satisfied the offence was made out; there was no basis shown on the record to disturb those findings of fact, therefore the appeal against conviction was dismissed.
20 Dec 1991

THE QUEEN v. MAN WAI KEUNG

Citation

THE QUEEN v. MAN WAI KEUNG
Court

Court of Appeal
Case number

CACC403/1990

The appeal was allowed because the trial judge misdirected the jury by failing to instruct them to assess the reasonableness of defensive force in light of the defendant's honest belief (per Beckford), and wrongly excluded the properly raised issue of accidental death in the course of self‑defence from the jury; those misdirections required quashing the conviction and ordering a retrial.
31 Mar 1988

CHEUNG KWOK KUEN v. WONG CHUN HUNG alias WONG BING

Citation

CHEUNG KWOK KUEN v. WONG CHUN HUNG alias WONG BING
Court

Court of First Instance
Case number

HCA2048/1987

Where a defendant has been convicted by a competent criminal court of acts constituting the same issues relied upon in a subsequent civil claim, and there is no allegation of fraud/collusion or fresh evidence that could not have been produced at the criminal trial, the defendant is estopped and relitigation of those issues in civil proceedings is an abuse of process; consequently plaintiff is entitled to judgment for damages to be assessed.
19 Apr 1984

YUEN WAI LING AND OTHERS v. OCEAN SHIPPING AND ENTERPRISES LTD

Citation

YUEN WAI LING AND OTHERS v. OCEAN SHIPPING AND ENTERPRISES LTD
Court

District Court
Case number

DCEC172/1983

Where a seaman lived and worked on board in a malarial endemic area for an extended period and it is impossible to identify where the infecting bite occurred, the infection may properly be held to be an accident occurring in the course of employment; in any event, by s.5(6) of Cap.282 an accident in the course of employment is presumed to have arisen out of the employment absent contrary evidence.
5 May 1980

POON WING-HUNG v. THE QUEEN

Citation

POON WING-HUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC881/1979

Taken as a whole the trial judge's summing-up did not mislead the jury or shift the burden of proof to the appellant; the judge had correctly and repeatedly instructed that the onus remained on the Crown to disprove accident, self-defence and provocation beyond reasonable doubt, and therefore the appeal is dismissed.

Hong Kong Case Law

CHEUNG SHUK WAH JESSICA v. WONG KANG HUNG DARWIN formerly t/a NEW VOICE PUB

NGAN CHIU HIN v. TUNG YU LOK

HKSAR v. LEUNG KING HONG

THE QUEEN v. MAN WAI KEUNG

CHEUNG KWOK KUEN v. WONG CHUN HUNG alias WONG BING

YUEN WAI LING AND OTHERS v. OCEAN SHIPPING AND ENTERPRISES LTD

POON WING-HUNG v. THE QUEEN