Hong Kong Case Law: Decisions & Judgments

Topic

Assessment of compensation

Legal area

Court

12 Aug 2025

FAN LIAN v. WONG KA KEUNG

Citation

[2025] HKDC 1336
Court

District Court
Case number

DCEC710/2022

On the balance of probabilities the applicant was a daily paid casual worker under the control and supervision of respondent at the time of the accident; contemporaneous diary entries, corroborating witnesses and respondent's own actions (payments, supervision, engagement of other contractors, absence of a deposit or written contract for a lump sum contractor) demonstrated an employment relationship; therefore respondent is liable under section 5 ECO and compensation is assessed as computed by the court.
26 Aug 2024

LAI WAI CHUN v. TONTEC LOGISTICS (HK) COMPANY LTD

Citation

[2024] HKDC 1374
Court

District Court
Case number

DCEC1538/2020

The court applied section 11(1) and accepted monthly earnings of HK$19,000 (including the attendance bonus) to calculate a section 9 award of HK$13,680 (HK$19,000 × 96 × 0.75%). The court found total periodical payments paid slightly exceeded the assessed section 10 entitlement, resulting in no award under section 10. Medical expenses recoverable under section 10A were allowed net of the periodical overpayment to give HK$564.96. Interest and costs were ordered as stated.
24 Jun 2024

TAM CHI CHIU 對余錫文

Citation

[2024] HKDC 956
Court

District Court
Case number

DCEC1569/2022

Court accepted applicant's unchallenged evidence and market comparators to fix daily income at $1,140, adopted 26 working days per month to compute monthly income $29,640, treated the Form 9 3% permanent loss assessment and 112‑day certified incapacity period as conclusive, applied s9 and s10 formulas to compute $64,022.40 (permanent) and $28,484.80 (temporary), allowed medical expenses $420 under s10A, deducted $5,000 previously paid, and awarded total compensation $87,927.20 plus interest and costs.
18 Jun 2024

CHEUNG YI SHUN MONICA 對 POP CORN ASIA (HONG KONG) LTD

Citation

[2024] HKDC 964
Court

District Court
Case number

DCEC210/2023

Respondent failed to appeal the Form 7 and failed to comply with the court's order to file witness statements; accordingly the Form 7 findings (0.25% permanent loss and 116 days incapacity) are conclusive under the Ordinance and used to calculate statutory awards. Income is set at the Schedule 6 minimum $5,310; medical expenses are capped per Schedule 3(2); therefore awards under ss9,10,10A are calculated and awarded together with interest and costs.
16 Feb 2024

TSUI LEUNG CHIU v. H & A DESIGN & CONTRACTING CO LTD

Citation

[2024] HKDC 266
Court

District Court
Case number

DCEC573/2021

Applicant was earning HK$1,500 per day and would have worked 26 days per month; section 11(1)(b) applied to determine HK$39,000 monthly multiplicand; Form 9 fixed permanent loss of earning capacity at 2.5%; applying the statutory formulae the court awarded HK$54,954 under section 9, HK$402,480 under section 10, and HK$4,804 under section 10A, less HK$266,760 advance payment, resulting in total assessed compensation of HK$195,478 with interest and costs.
19 Jul 2023

TSANG SING WAH 對 CHUNG WAI CHIU t/a WAH KI MOTOR ACCESSORIES

Citation

[2023] HKDC 1140
Court

District Court
Case number

DCEC304/2022

The court held that prior periodic payments made by the respondent fully offset the compensation assessed under s10 for temporary incapacity but cannot be used to reduce the s9 compensation for permanent partial loss of earning capacity because s10(4) forbids deduction; payments for hospital and miscellaneous medical expenses also cannot be set off against s9 compensation; Form 5 assessment is binding absent appeal.
18 May 2023

LUNG KA CHUN v. UNITED LOGISTICS CORPORATION LTD

Citation

[2023] HKDC 597
Court

District Court
Case number

DCEC7/2022

The court accepted and applied the Board's Certificate of Assessment as the basis for quantum, used the applicant's claimed monthly earnings figure for computation of s.9 and s.10 entitlements, allowed medical expenses under s.10A, gave full credit for HKD160,000 received from the employer, awarded a net sum of HKD13,307, ordered interest from the date of the accident at half‑judgment rate until judgment and judgment rate thereafter, and made a costs order nisi in favour of the Applicant.
2 May 2023

盧愛美對 MIDLAND BUSINESS MANAGEMENT LTD

Citation

[2023] HKDC 520
Court

District Court
Case number

DCEC967/2021

The court accepted the Form 9 assessments (not appealed) and the parties' agreed and documented income records, adopted an average monthly income of HK$27,064.77 under s11, combined the two accidents for assessment, and awarded compensation of HK$24,358.29 (s9), HK$45,468.81 (s10) and HK$22,585.00 (s10A), credited advances of HK$61,492.89, resulting in a net award of HK$30,919.21; ordered interest from 14 May 2019 at half the court rate until judgment and at the full court rate thereafter and ordered respondent to pay the applicant's costs.
25 Apr 2023

陳華伙對陳劍偉經營小海灣飲食

Citation

[2023] HKCA 598
Court

Court of Appeal
Case number

CACV409/2021

The appeal is dismissed. The purported HK$30,000 settlement was invalid under s31(1) of the Employees' Compensation Ordinance because there was no Commissioner authorization under s31(2); where material facts are disputed the parties cannot rely on an unapproved settlement to negate statutory compensation. The District Judge was entitled to treat the Committee's findings as non‑binding, accept the medical expert evidence and assess temporary incapacity as 546 days and a higher permanent loss of earning capacity on the evidence; those assessments were not plainly wrong.
14 Apr 2023

CHEN ZIQIANG v. NEW HOME DESIGN LTD AND ANOTHER

Citation

[2023] HKDC 495
Court

District Court
Case number

DCEC1018/2021

Court held that 'month' under s11(1)(a) is the calendar month immediately preceding the accident (August 2019), accepted applicant's credible oral evidence that he earned $1,600/day for 25 days and received $40,000 as wages, adopted the calculation under s11(1)(a) giving monthly earnings of $47,100, and awarded statutory compensation accordingly (s9 $1,296,914.40; s10 $653,120; s10A $9,683) less prior payment of $3,000, with interest and costs orders as stated.