Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Expectation of life

  • 20 Mar 1985

    CHAU KAU AND ANOTHER v. SANFIELD BUILDING CONTRACTORS LIMITED

    Citation
    CHAU KAU AND ANOTHER v. SANFIELD BUILDING CONTRACTORS LIMITED
    Court
    Court of First Instance
    Case number
    HCA8190/1983

    Liability was admitted. There was insufficient evidence to establish that the deceased contributed financially to relatives in China; therefore no FAO award was made. For LARCO damages the court applied the Yeung Wing methodology: adopted 26 working days/month, multiplier 15, pre-trial rate HK$150/day (49 months) and post-trial rate HK$170/day (131 months), assumed 10% savings (free balance) given historical savings, awarded HK$20,000 for loss of expectation of life and total LARCO damages of HK$97,012, deducted HK$30,000 previously paid under Employees' Compensation Ordinance, leaving a net…

  • 3 Dec 1984

    SHUM LAI HING AND OTHERS v. HUI TING HANG AND ANOTHER

    Citation
    SHUM LAI HING AND OTHERS v. HUI TING HANG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA3253/1984

    No sufficient evidence of dependency by the step-mother so FAO and LARCO awards merge; use multiplier of 7 years; pre-trial multiplicand fixed at $137 (median of $124 and $150) and post-trial multiplicand $150; free balance assessed at 55% on available evidence; award $20,000 for loss of expectation of life; interest and costs ordered as specified.

  • 21 Sept 1984

    NG KOK CHING v. KWONG SING KIN

    Citation
    NG KOK CHING v. KWONG SING KIN
    Court
    Court of First Instance
    Case number
    HCA3948/1980

    The court accepted the employer's written evidence as the best available basis for earnings, adopted a multiplicand calculated as the average of $3,400.00 and $5,093.00 ($4,246.50), deducted 45% for personal expenses leaving a multiplicand of $2,335.50, applied a multiplier of 14, computed pre-trial loss $172,827 and post-trial loss $268,896 (total lost years $441,723), made no award for pain and suffering because the deceased was unconscious, awarded $20,000 for loss of expectation of life, awarded special damages of $1,000 (medical) and $8,000 (funeral), and exercised discretion under secti…

  • 22 Mar 1982

    WONG SAU WAH AND OTHERS v. LEUNG KAM CHEUK AND ANOTHER

    Citation
    WONG SAU WAH AND OTHERS v. LEUNG KAM CHEUK AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA2174/1981

    Given inadequate and vague evidence the court made an evidential estimate: deceased's income assessed at $3,000/month ($2,000 salary + $1,000 jade), deducted $500/month for personal living expenses, applied a multiplier of 7 to the net annual loss to award $210,000 for lost years, awarded conventional $15,000 for loss of expectation of life, allowed $5,640 for funeral expenses (part of agreed receipts) and disallowed unsupported ceremony costs; total damages reduced by 25% for contributory negligence to $174,390; FAO claim extinguished by LARCO award; interest ordered on specified components.

  • 5 Oct 1981

    LUI PUN SUING v. KOWLOON TEL A CAR LTD AND ANOTHER

    Citation
    LUI PUN SUING v. KOWLOON TEL A CAR LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA3656/1980

    Court accepted separate multipliers for each dependant, computed pre-trial and post-trial dependency losses using the deceased's monthly contribution ($800 plus $20 pocket money apportioned), adopted a 7-year multiplier for the mother and limited post-trial awards for sons, accepted the conventional 10% of total lost earnings (multiplicand $1,850/month, multiplier 16) for lost years, awarded no damages for pain and suffering, ordered specified interest and ordered that lost years and expectation of life awards do not merge with Fatal Accidents awards.

  • 4 Mar 1976

    CHEUNG SAU YING AND ANOTHER v. TSE SHING KEUNG AND ANOTHER

    Citation
    CHEUNG SAU YING AND ANOTHER v. TSE SHING KEUNG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA836/1975

    Deceased's monthly contribution to dependants was assessed at $600 after deducting realistic personal maintenance of $150; a multiplier of 14 was appropriate given his age, health and continued earning capacity; therefore loss of dependency is $600 x 12 x 14 = $100,800; no separate award for pain and suffering as it merges with Fatal Accidents Ordinance awards; no reduction for accelerated receipt was applied.