Hong Kong Case Law: Decisions & Judgments

Topic

Apportionment of compensation

Legal area

Court

29 Sept 2022

LIU XIAOPING v. HUEN HO YIN and HUEN YUEN FAN, the Joint and Several Liquidators of LEUNG SUM KEE ET AL FRAMEWORK, PIPEWORK AND DEMOLISH ENGINEERING LTD (IN LIQUIDATION) AND ANOTHER

Citation

[2022] HKDC 1063
Court

District Court
Case number

DCEC2169/2020

Court accepted contemporaneous statements that the deceased earned $1,500 per day and worked 22 days per month, fixing monthly earnings at $33,000 but applying the Sixth Schedule cap of $28,360; applying multiplier 60 produced s6(1) compensation of $1,701,600, funeral expenses capped at $83,700, total award $1,785,300; interest ordered from date of accident and compensation apportioned in accordance with Seventh Schedule paragraph 5 (50% to wife, 25% to each child); costs to be paid by respondents for assessment with taxation if not agreed.
9 Jun 2014

FAN CHI PING v. THE ESTATE OF LEI WING LONG also known as LEI WENG LONG, deceased

Citation

FAN CHI PING v. THE ESTATE OF LEI WING LONG also known as LEI WENG LONG, deceased
Court

Court of First Instance
Case number

HCMP3082/2013

The defendant's registered title was extinguished by long continued adverse possession and the plaintiff holds possessory title as declared in HC Action No. 913/2011; under Limitation Ordinance principles and the Common Luck precedent, only the plaintiff is entitled to the resumption compensation, so the court must award the entire sum to the plaintiff.
4 Jan 2013

HO YUK SIM v. CHAN WING FAT AND OTHERS

Citation

HO YUK SIM v. CHAN WING FAT AND OTHERS
Court

District Court
Case number

DCEC778/2010

On the balance of probabilities the court preferred the evidence of Kinson's witnesses and contemporaneous declarations and found that Fat was the subcontractor in direct control of the electrical work and the employer of the deceased and that Kinson was the principal contractor; compensation was awarded under section 6(1) at HK$1,016,400 plus statutory funeral allowance HK$35,000 (total HK$1,051,400), apportioned pursuant to Schedule 7 of the ECO, with interest at half judgment rate from date of accident and costs orders as set out.
14 Jun 2007

CHAN WAI YIN v. WONG SAU PING, ADA t/a EVERGREEN TRANSPORTATION CO AND ANOTHER

Citation

CHAN WAI YIN v. WONG SAU PING, ADA t/a EVERGREEN TRANSPORTATION CO AND ANOTHER
Court

District Court
Case number

DCEC97/2004

On the balance of probabilities the deceased was an employee of the 1st Respondent because the employer provided the vehicle and related expenses, exercised exclusive control over the work and selection of assistants, the deceased could not work for others or refuse orders, and the applicant's and Mr Lee's evidence was credible; the court accepted the contemporaneous bank and job records to compute average monthly earnings at HK$21,021.72 and assessed statutory compensation accordingly.
20 Mar 2007

LEE CHIU LAN v. VIATECH ENGINEERING LTD AND ANOTHER

Citation

LEE CHIU LAN v. VIATECH ENGINEERING LTD AND ANOTHER
Court

District Court
Case number

DCEC154/2004

On the uncontradicted documentary and witness evidence the court found R1 was the employer of the eight deceased and R2 was the principal contractor; the deaths occurred in the course of employment and therefore arose out of employment by operation of s.5(4)(a); compensation was assessed under s.6 and s.11 with apportionment under Schedule 7 as set out in the judgment; interest and costs awarded; indemnity claim by R2 against R1 to be heard subsequently under s.24(2).
20 Mar 2007

TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

Citation

TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER
Court

District Court
Case number

DCEC242/2004

On the uncontested documentary and witness evidence, R1 was the employer of the eight deceased and R2 was the principal contractor; the deaths occurred in the course of employment and therefore arose out of employment by operation of s.5(4)(a); compensation was assessed under s.6 and s.11 with apportionment per Schedule 7; interest and costs awarded as set out and the 2nd Respondent's indemnity claim under s.24(2) to be heard subsequently.
20 Mar 2007

TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

Citation

TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER
Court

District Court
Case number

DCEC241/2004

The court found on the balance of documentary admissions and uncontested evidence that Viatech Engineering Limited was the employer of the eight deceased crew members, that Zen Pacific Civil Contractors was the principal contractor and therefore jointly liable under s.24, and that the deaths arose in the course of employment such that compensation under s.6 and s.11 is payable. Quantum was assessed on the stated monthly earnings, statutory maxima and Schedule 7 apportionment with interest and costs awarded to applicants.
27 Feb 2006

LKK TRANS LTD v. WONG HOI CHUNG

Citation

LKK TRANS LTD v. WONG HOI CHUNG
Court

Court of Final Appeal
Case number

FACV14/2005

The Court held that the Employees Compensation Ordinance does not permit judicial apportionment of permanent incapacity between a work-related injury and a pre-existing non-work-related disease; s.10(5) only deems temporary incapacity to be permanent for assessment purposes and does not deem causation, and in the absence of express statutory provision apportionment cannot be read into ss.6,7 or 9, so compensation may be awarded where the injury is a cause even if not the sole cause.
25 Oct 2004

CHEUNG KAI CHI v. CHEUNG KIN KEUNG AND ANOTHER

Citation

CHEUNG KAI CHI v. CHEUNG KIN KEUNG AND ANOTHER
Court

District Court
Case number

DCEC415/2003

On the uncontradicted evidence the court found the deceased was fatally crushed in a trapping area created by the slewing motion of a crawler crane while at work; that the death occurred in the course of his employment and therefore is deemed to have arisen out of that employment under s5(4)(a); the respondents failed to rebut liability; the principal contractor is jointly and severally liable; compensation was assessed under s6(1)(b) and apportioned under s6A and the Seventh Schedule.
13 May 2002

Li Choi Na v. Well Done Garment Factory Ltd.

Citation

Li Choi Na v. Well Done Garment Factory Ltd.
Court

District Court
Case number

DCEC1023/2001

The apportionment hearing is part of the litigation as a whole and, where costs are to be awarded on a party and party basis, the respondent must bear the applicants' costs of the apportionment hearing; the respondent's liability to costs does not end upon payment of agreed compensation.