Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Driving under influence

Legal area

Court

14 Aug 2017

HKSAR v. COLLINS GILBERT HENRY

Citation

HKSAR v. COLLINS GILBERT HENRY
Court

Court of First Instance
Case number

HCMA21/2017

A policy clause excluding liability where the driver\u2019s breath/blood/urine alcohol exceeds the prescribed limit is a restriction by reference to the driver\u2019s physical condition and therefore is of no effect as to liabilities required by s.6(1)(b) under s.12(1)(a) MVIO; insurers remain liable and the appellants\u2019 convictions for using a motor vehicle without third party insurance under s.4 were quashed.
1 Feb 2001

CHAN AH KAU v. NG TIN TAI

Citation

CHAN AH KAU v. NG TIN TAI
Court

Court of First Instance
Case number

HCPI33/2000

Defendant was negligent in causing the collision (convicted for reckless driving and gave no evidence to disprove negligence); plaintiff was contributorily negligent at 20% because he was intoxicated and ought to have realised the risk of being driven by the defendant; damages were assessed for multiple heads with some claims disallowed or limited and total award reduced by 20% producing judgment for plaintiff of HKD 2,740,120.00 plus interest and costs.