Hong Kong Case Law: Decisions & Judgments

Topic

Duty to keep proper lookout

Legal area

Court

1 Apr 2015

YEUNG PAN NAM v. PERSONAL REPRESENTATIVE OF TONG YU TAT ANTHONY, DECEASED AND OTHERS

Citation

YEUNG PAN NAM v. PERSONAL REPRESENTATIVE OF TONG YU TAT ANTHONY, DECEASED AND OTHERS
Court

Court of First Instance
Case number

HCPI240/2012

The court held that Singh was negligent in effecting an unsafe lane change which caused the bus driver to brake abruptly; Tong was also negligent for failing to keep a proper lookout and for braking such that passenger injury was foreseeable. Singh's negligence was a material and effective cause of the plaintiff's injuries. Liability apportioned 75% to Singh and 25% to Tong (with Citybus vicariously liable for Tong's share). Damages of HK$6,500,000 awarded to plaintiff.
12 Sept 2012

香港特別行政區訴鍾耀文

Citation

香港特別行政區訴鍾耀文
Court

Court of First Instance
Case number

HCMA315/2012

The trial judge was entitled to accept the police witness as truthful and credible; on that evidence the appellant failed to keep proper lookout and made an unsafe lane change, so the conviction for careless driving was properly supported and the appeal is dismissed.
7 Apr 1994

R. v. LAU PAT YAU

Citation

R. v. LAU PAT YAU
Court

Court of First Instance
Case number

HCMA115/1994

The Magistrate's conviction was upheld because the admissible evidence (including the appellant's admissions) supported the finding that the appellant failed to keep a proper lookout and collided with the cart; there was no admissible evidence proving the asserted bicycle existed or caused the accident, so the Magistrate was not required to accept the appellant's speculative explanation.
31 Jan 1992

R. v. KO YUK-CHING

Citation

R. v. KO YUK-CHING
Court

Court of Appeal
Case number

CACC471/1991

The applicant's failure to ensure the AWS was operative and his failure to observe and act on the red signal at signal 29 constituted gross negligence leading to manslaughter; however, balancing serious culpability against the applicant's good character, injuries and loss of career, the appropriate sentence is reduced from one year to nine months imprisonment.
30 Nov 1988

LAM SAU KEE v. LAM YING CHUEN AND OTHERS

Citation

LAM SAU KEE v. LAM YING CHUEN AND OTHERS
Court

Court of First Instance
Case number

HCA2936/1986

On the balance of probabilities the 1st defendant entered the junction against the traffic signal and failed to keep a proper lookout; the 3rd defendant entered the junction lawfully on a green arrow and did all he could to avoid the collision; the 1st defendant was solely negligent and, because he was using the motorcycle for his own purposes, the 2nd defendant is not vicariously liable.
3 Nov 1987

NG LIN MUI AND OTHERS v. CHOI SIU FAI AND ANOTHER

Citation

NG LIN MUI AND OTHERS v. CHOI SIU FAI AND ANOTHER
Court

Court of Appeal
Case number

CACV107/1987

The Court held that, absent evidence from the defendants to show they were more to blame and given the trial judge's own finding that the motorcyclist should have been keeping a proper lookout, the apportionment of contributory negligence must be set at 50% each; accordingly the trial judge's 80% apportionment against the deceased was set aside and replaced by 50%.
7 Feb 1975

POON SIU CHUN v. LEE TO LUP AND ANOTHER

Citation

POON SIU CHUN v. LEE TO LUP AND ANOTHER
Court

Court of First Instance
Case number

HCA1283/1974

On the facts the driver (D1) failed to keep a proper lookout and was negligent; the deceased was contributorily negligent in crossing without looking; liability apportioned 80% to driver and 20% to deceased; damages assessed at $75,000 (including $72,000 dependency under Fatal Accidents Ordinance, $10,000 loss of expectation under Law Reform and Amendment (Consolidation) Ordinance and $3,000 funeral expenses) reduced by 20% to $60,000; interest awarded on $3,000 at 4% p.a. and on $20,000 at 5% p.a. from 5.6.71 to date of judgment; costs to plaintiff.

Hong Kong Case Law

YEUNG PAN NAM v. PERSONAL REPRESENTATIVE OF TONG YU TAT ANTHONY, DECEASED AND OTHERS

香港特別行政區 訴 鍾耀文

R. v. LAU PAT YAU

R. v. KO YUK-CHING

LAM SAU KEE v. LAM YING CHUEN AND OTHERS

NG LIN MUI AND OTHERS v. CHOI SIU FAI AND ANOTHER

POON SIU CHUN v. LEE TO LUP AND ANOTHER

香港特別行政區訴鍾耀文