Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Gratuitous carrier
  • 17 Mar 1988

    YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS

    Citation
    YEUNG MAN YEE AND OTHERS v. KAM SHING(a firm) AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1563/1980

    On the facts the court found it more probable than not that LPG residue leaked from the two apparently empty Gulf cylinders through defective valves into the Engine Room and was ignited; the manufacturer (Hong Kong Oil Co. Ltd.) failed to design safe valves and failed to warn of the hidden danger; the distributor (Hip Sang) failed to discharge its higher duty to customers of dangerous goods by not warning and not ensuring safety; the carrier (Kam/Kam Shing) was only a gratuitous carrier and not liable; contributory negligence was not established.