Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Emergency doctrine

  • 27 Feb 2002

    THE KOWLOON MOTOR BUS CO. (1933) LTD. v. CHUNG TAK HI AND ANOTHER

    Citation
    THE KOWLOON MOTOR BUS CO. (1933) LTD. v. CHUNG TAK HI AND ANOTHER
    Court
    District Court
    Case number
    DCCJ6579/2001

    The plaintiff established a prima facie case of negligence; the defendants failed to rebut it because the police statements were unreliable and the First Defendant's account of a Green PLB was uncorroborated and implausible (notably swerving left instead of braking). Even if an emergency existed, the First Defendant did not act as a reasonably prudent driver would have done, so he breached his duty of care; the Second Defendant is vicariously liable. Judgment for the plaintiff for HK$90,604.80.

  • 17 Jun 2000

    HKSAR v. CHAN YIU SUN

    Citation
    HKSAR v. CHAN YIU SUN
    Court
    Court of First Instance
    Case number
    HCMA141/2000

    The abrupt and very hard braking that caused two passengers to fall, absent evidence that such braking was necessary to meet an exigent danger affecting safety of third parties, constituted a departure from the standard of a reasonable, prudent and competent driver and amounted to careless driving; the trial magistrate s factual findings were open on evidence and the conviction must therefore be upheld.

  • 27 May 1988

    WONG YUET HEUNG v. CHAN TSANG HUNG AND OTHERS

    Citation
    WONG YUET HEUNG v. CHAN TSANG HUNG AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV26/1988

    Because the 1st Defendant was placed in a sudden emergency and acted reasonably in swerving into the outer lane, and because the 1st Appellant failed to keep a proper lookout, delayed braking and attempted a risky overtaking manoeuvre he should have anticipated, the 1st Appellant was negligent and the deputy judge's finding of liability against the appellants is upheld.