Hong Kong Case Law: Decisions & Judgments

Topic

Dependants' compensation

Legal area

Court

17 Apr 2002

LEE LIN HO v. CHENG LOI SHING t/a FOON KEEN CONSTRUCTION CO. AND ANOTHER

Citation

LEE LIN HO v. CHENG LOI SHING t/a FOON KEEN CONSTRUCTION CO. AND ANOTHER
Court

District Court
Case number

DCEC671/2000

The death arose out of and in the course of employment; statutory compensation is calculated under s6(1)(a) using the lesser of 84 months' actual earnings and 84 times the Sixth Schedule amount (HK$21,000), resulting in HK$1,764,000; the subcontractor and principal are jointly and severally liable; interest and costs are payable as ordered.
20 Dec 1996

YUEN YUK YING v. CHAN KAM WING t/a KAM BO REAL ESTATE CO.

Citation

YUEN YUK YING v. CHAN KAM WING t/a KAM BO REAL ESTATE CO.
Court

Court of Appeal
Case number

CACV126/1996

The court held the death arose out of and in the course of employment notwithstanding the employee's intoxication; even if the intoxication amounted to serious and wilful misconduct the statutory context and all the circumstances required the court to exercise its discretion to award full compensation to the dependants; appeal allowed and costs ordered against respondent.
4 Feb 1972

WONG PO SIN v. NEW UNIVERSAL PAPER CO LTD

Citation

WONG PO SIN v. NEW UNIVERSAL PAPER CO LTD
Court

District Court
Case number

DCCJ166/1971

Applying the Market Investigations test and authorities, the judge found the deceased and his companions operated in business on their own account (joint venture): they provided tools and trolley, hired lorries, bore disbursements and financial risk, signed receipts through a gang leader and shared profit; consequently the deceased was not a workman under the Workmen's Compensation Ordinance and the application was dismissed.

Hong Kong Case Law

LEE LIN HO v. CHENG LOI SHING t/a FOON KEEN CONSTRUCTION CO. AND ANOTHER

YUEN YUK YING v. CHAN KAM WING t/a KAM BO REAL ESTATE CO.

WONG PO SIN v. NEW UNIVERSAL PAPER CO LTD