Hong Kong Case Law: Decisions & Judgments

Topic

Employer vicarious liability

Legal area

Court

31 Oct 2024

BRETON JEAN v. HK BELLAWINGS.JET LTD AND OTHERS

Citation

[2024] HKDC 1695
Court

District Court
Case number

DCCJ4000/2021

Although the court found the emails were defamatory and met the seriousness threshold, defendants failed to prove justification; however the communications were made on an occasion of qualified privilege and the plaintiff failed to plead or prove malice sufficient to defeat that privilege; accordingly the plaintiff's claims against the 1st and 4th Defendants were dismissed. The question of vicarious liability was unnecessary to decide, and if addressed the court would not have imposed vicarious liability on the employer on the facts.
23 Jun 2017

MOY NGAIN GYI v. LEUNG CHI KUEN AND ANOTHER

Citation

MOY NGAIN GYI v. LEUNG CHI KUEN AND ANOTHER
Court

District Court
Case number

DCPI1808/2015

The 1st defendant breached his duty of care by failing to keep a proper lookout which caused unnecessary abrupt braking and the plaintiff's injury; the 2nd defendant is vicariously liable for that negligence; there was no duty to ensure the plaintiff was seated before moving off and no contributory negligence by the plaintiff.
21 Nov 2007

CHAN FU MAN v. LAM FOOK LOI AND ANOTHER

Citation

CHAN FU MAN v. LAM FOOK LOI AND ANOTHER
Court

Court of First Instance
Case number

HCPI962/2004

The judge preferred the plaintiff's account and the physical and documentary evidence over the 1st defendant's explanation, finding the defendant had failed to keep proper control of the vehicle (likely having dozed), which caused the collision; accordingly the defendants are liable and damages were assessed and awarded as set out in the judgment.
21 Aug 2006

LING MAN KUEN v. CHOW CHAN MING AND ANOTHER

Citation

LING MAN KUEN v. CHOW CHAN MING AND ANOTHER
Court

District Court
Case number

DCPI1445/2005

Findings: the 1st Defendant initiated the assault; the Plaintiff's injuries resulted from that assault (not a later fall); the assault occurred in the course of duties and was closely connected to the 1st Defendant's employment such that it is fair and just to hold the 2nd Defendant vicariously liable; the 2nd Defendant was not negligent nor in breach of contract on pleaded particulars; damages assessed net of employee's compensation and counterclaim dismissed.
17 Apr 1998

CHAN OI MING v. CHRISTIAN FAMILY SERVICE CENTRE and Another

Citation

CHAN OI MING v. CHRISTIAN FAMILY SERVICE CENTRE and Another
Court

Court of First Instance
Case number

HCPI339/1995

On the balance of probabilities the 2nd Defendant did not open the van door and is dismissed from the claim; the 1st Defendant is vicariously liable for the employee who opened the door; Plaintiff was 20% contributorily negligent for leaving her arm protruding; the accident aggravated a pre‑existing psychiatric condition by 5‑10% and damages are calculated accordingly, resulting in a net award of $48,552.71 plus specified interest.
4 Sept 1996

CHOW YIK KWAN v. LEE HON YIN and Another

Citation

CHOW YIK KWAN v. LEE HON YIN and Another
Court

Court of Appeal
Case number

CACV73/1996

The Court held the 1st defendant over-reacted to a sudden overtaking, lost control and was negligent; the 2nd defendant was vicariously liable for the 1st defendant's driving; the trial judge's factual finding was within the range of reasonable conclusions and the appeal was dismissed.
18 Jul 1994

CHAN SI MUI v. KONG HUNG KEUNG AND OTHERS

Citation

CHAN SI MUI v. KONG HUNG KEUNG AND OTHERS
Court

Court of First Instance
Case number

HCA4977/1991

Judge found both plaintiff and driver equally to blame (50% each); both corporate defendants held vicariously liable because the driver's employment and control were effectively shared and inseparable between the two companies; damages assessed on full liability and reduced by 50% for contributory negligence.

Hong Kong Case Law

BRETON JEAN v. HK BELLAWINGS.JET LTD AND OTHERS

MOY NGAIN GYI v. LEUNG CHI KUEN AND ANOTHER

CHAN FU MAN v. LAM FOOK LOI AND ANOTHER

LING MAN KUEN v. CHOW CHAN MING AND ANOTHER

CHAN OI MING v. CHRISTIAN FAMILY SERVICE CENTRE and Another

CHOW YIK KWAN v. LEE HON YIN and Another

CHAN SI MUI v. KONG HUNG KEUNG AND OTHERS