Hong Kong Case Law: Decisions & Judgments

Topic

Arising out of employment

Legal area

Court

19 Feb 2016

WONG KIT YEE FOR HERSELF AND ON BEHALF OF OTHER DEPENDANTS OF YEUNG CHUN HO, DECEASED v. CAPITAL GLOBE LTD (IN LIQUIDATION) AND OTHERS

Citation

WONG KIT YEE FOR HERSELF AND ON BEHALF OF OTHER DEPENDANTS OF YEUNG CHUN HO, DECEASED v. CAPITAL GLOBE LTD (IN LIQUIDATION) AND OTHERS
Court

District Court
Case number

DCEC704/2012

On the evidence the deceased was acting for his employer group at the time of death, died in premises arranged by his superior, and the content of his last e‑mail indicated a work‑related predicament; accordingly the accident occurred in the course of employment and, by s5(4)(a) ECO (and absent evidence to the contrary), arose out of employment. Documentary and payroll evidence (MPF and wage payments) established R3 as the employing entity at the relevant time; judgment against R3 for HK$1,733,000 with interest and costs was entered and the claim against R1 was dismissed.
10 Oct 2013

LEUNG HAK CHAI v. LAMMA TRANSPORTATION CO LTD

Citation

LEUNG HAK CHAI v. LAMMA TRANSPORTATION CO LTD
Court

Court of Appeal
Case number

CACV207/2012

Court held the accident occurred in the course of employment because appellant lived and was required to be on the barge during the posting and the adjacent loaded vessel formed part of his working environment; once in the course of employment s.5(4)(a) deems the accident to have arisen out of the employment absent evidence to the contrary and no such contrary evidence displaced the deeming; s.5(3) did not apply. Judgment for appellant and compensation awarded accordingly.
15 Jan 2007

WONG YUET YUNG v. WAH FUNG HONG GAS ENGINEERING CO LTD

Citation

WONG YUET YUNG v. WAH FUNG HONG GAS ENGINEERING CO LTD
Court

District Court
Case number

DCEC1315/2003

Applicant failed to prove on the balance of probabilities that she was struck by a strong jet of water or was so frightened that an accident occurred and that the alleged incident caused her cerebral haemorrhage; medical evidence did not establish that acute fright causes hypertensive cerebral haemorrhage and the respondent's evidence undermined the factual basis for the claim; consequently the application is dismissed; on the ancillary appeal under s.16 the court reassessed permanent loss of earning capacity at 100% and allowed two years' sick leave; costs ordered to respondent.
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.
4 Jun 2004

LAM CHI BIU v. MAK KEE LTD AND ANOTHER

Citation

LAM CHI BIU v. MAK KEE LTD AND ANOTHER
Court

District Court
Case number

DCEC1203/2002

The presumption in s5(4)(a) was not rebutted because the 2nd respondent adduced no evidence displacing it; therefore the assault was held to have occurred in the course of and arisen out of employment. The unappealed Certificate of Compensation Assessment is binding on quantum, so the assessed sums under ss9 and 10 were awarded; no evidence supported an award under s10A.
29 Mar 2004

CHAN HO v. 999 H.K. PETROLEUM CO LTD

Citation

CHAN HO v. 999 H.K. PETROLEUM CO LTD
Court

District Court
Case number

DCEC481/2002

Sleeping and resting aboard during a required 48‑hour shift was incidental to the deceased's employment and therefore he was in the course of his employment; the respondent failed to rebut the statutory presumption under s.5(4) because the attacker's evidence was rejected as unreliable and the circumstantial evidence established the deceased was defending himself when killed; accordingly the death arose out of and in the course of employment and statutory compensation under s.6 is payable.
21 Nov 2001

CHOW SHU KI v. OSRAM PROSPERITY CO. LTD.

Citation

CHOW SHU KI v. OSRAM PROSPERITY CO. LTD.
Court

District Court
Case number

DCEC1059/2000

On balance of the evidence the court found it more likely than not the deceased was traveling to see a customer and that the injury resulted from the crowded bus and the current of alighting passengers rather than his misconduct; the presumption that the accident arose out of employment was not rebutted and judgment was entered for the applicant awarding the statutory maximum subject to credits and interest.
5 Feb 1993

UNITED FORD DEVELOPMENT LTD. t/a KING FORD MAHJONG CLUB v. FUNG YIN YEE, SHIRLEY AND OTHERS

Citation

UNITED FORD DEVELOPMENT LTD. t/a KING FORD MAHJONG CLUB v. FUNG YIN YEE, SHIRLEY AND OTHERS
Court

Court of Appeal
Case number

CACV149/1992

The Court affirmed the trial judge's findings that the four deceased were within the course of their employment (supervisor was on duty; other employees were asked by management to play with a regular customer and remained because of manpower needs) and that the arson targeted the club premises so that the premises became a dangerous spot; consequently the deaths arose out of and in the course of employment under Cap.282, s5(1) (and s5(6) supports the finding in the absence of contrary evidence).
20 Jun 1983

WONG KWAI NGOR v. TAISHIP CO LTD

Citation

WONG KWAI NGOR v. TAISHIP CO LTD
Court

District Court
Case number

DCEC39/1982

The court found on the medical and factual evidence that the haemorrhage was spontaneous and due to the deceased's pre‑existing vascular disease and hypertension; the minor bump did not cause or accelerate the stroke, therefore the collapse and death did not arise out of or in the course of employment and the claim fails.
29 Oct 1980

NG OI-WA v. LAMP\'S CO

Citation

NG OI-WA v. LAMP\'S CO
Court

Court of Appeal
Case number

CACV129/1980

Where a workman employed on an upper floor of a multi-storeyed building uses the building's common parts to reach work, he is in the course of his employment and injuries sustained from risks incidental to use of those common parts arise out of his employment even if caused by an independent occupier; accordingly the appellant was entitled to compensation of $43,200 and interest from the date of death/notice.