Hong Kong Case Law: Decisions & Judgments

Topic

Assessment of permanent partial incapacity

Legal area

Court

15 Jul 2025

DU YONGCHUN 對 WONG WAI TONG TOMDY trading as EVER ENGINEERING CO.及另四人

Citation

[2025] HKDC 1133
Court

District Court
Case number

DCEC1122/2022

Court found first, second, third and fourth defendants jointly and severally liable under the Employees' Compensation Ordinance; accepted applicant's monthly income as HK$24,000 and 641 days' sick leave; accepted the single joint expert's medical findings and awarded permanent partial loss of earning capacity of 0.5%; computed statutory awards accordingly resulting in total compensation of HK$189,872 plus interest; awarded provisional costs against first to fourth defendants and recorded default judgment against third defendant for failure to plead.
15 Jun 2007

YU WING SUN v. HO WAI LEUNG t/a HIP WO ENGINEERING CO AND ANOTHER

Citation

YU WING SUN v. HO WAI LEUNG t/a HIP WO ENGINEERING CO AND ANOTHER
Court

District Court
Case number

DCEC1242/2005

Court accepted Applicant was employee of 1st Respondent and that 1st Respondent was sub-contractor to 2nd Respondent, held 2nd Respondent liable as principal contractor under Section 24 despite absence of formal Section 24(6) notice because principal had actual knowledge and suffered no prejudice, adopted Applicant's earnings of HK$17,400 per month under Section 11(1), awarded Section 10 compensation of HK$200,912 for 433 days, assessed permanent loss of earning capacity at 30% under Section 9 (having regard to First Schedule and s9(1A)) and awarded HK$375,840, ordered Respondents jointly and…
10 Oct 2003

KO WAI MING v. EAST ASIA TEXTILES LTD

Citation

KO WAI MING v. EAST ASIA TEXTILES LTD
Court

District Court
Case number

DCEC813/2002

No special circumstances existed to displace the First Schedule assessment under s.9(1A); the Court accepted the Medical Board's 5% loss of earning capacity and assessed compensation under s.9 accordingly; further periodical payments beyond the 24 months already paid were not warranted; medical expenses of $1,980 agreed and awarded.
9 Sept 2000

TING KWOK KEUNG v. TAM DICK YUEN t/a TAM DICK YUEN ENGINEERING AND OTHERS

Citation

TING KWOK KEUNG v. TAM DICK YUEN t/a TAM DICK YUEN ENGINEERING AND OTHERS
Court

District Court
Case number

DCEC382/1998

The judge accepted the Applicant's evidence as credible and corroborated by an independent witness, the Form 2 and sick leave payments; inconsistencies and implausibilities in respondents' witnesses and their post-accident conduct led to finding Applicant was an employee of the 1st (and effectively recognized by the 2nd) Respondent at the time of the accident. Accordingly the appeal against the revised assessment was allowed and judgment entered for the Applicant for the assessed sum of $980,469 plus interest and costs.
16 Jan 1973

CHUNG CHIK v. HIP FUNG

Citation

CHUNG CHIK v. HIP FUNG
Court

District Court
Case number

DCEC90/1972

A non‑statutory Medical Board's percentage assessment is not binding; for injuries not in the First Schedule the Court must assess the permanent loss of earning capacity under section 9(1)(b) and award compensation proportionate to that loss — on the evidence the applicant's earning capacity was permanently reduced to zero and he was entitled to 100% compensation.

Hong Kong Case Law

DU YONGCHUN 對 WONG WAI TONG TOMDY trading as EVER ENGINEERING CO.及另四人

YU WING SUN v. HO WAI LEUNG t/a HIP WO ENGINEERING CO AND ANOTHER

KO WAI MING v. EAST ASIA TEXTILES LTD

TING KWOK KEUNG v. TAM DICK YUEN t/a TAM DICK YUEN ENGINEERING AND OTHERS

CHUNG CHIK v. HIP FUNG