Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Maintenance of safety systems

  • 20 Dec 2001

    KWONG CHIU v. SUNSHINE HEIGHTS LTD.

    Citation
    KWONG CHIU v. SUNSHINE HEIGHTS LTD.
    Court
    Court of First Instance
    Case number
    HCPI73/2000

    The court found the 1st/2nd Defendants breached their duty by permitting and acquiescing in the fitting out of common parts with highly combustible materials and by failing to ensure functioning fire protection, alarms and enforcement of fire doors; the 4th Defendant breached maintenance obligations by leaving gate valves closed so sprinklers failed; those breaches materially contributed to the deaths despite arson being the initiating act; judgment for Plaintiffs against 1st/2nd and 4th Defendants with apportionment of liability 60% to 1st/2nd and 40% to 4th.

  • 20 Dec 2001

    KWONG CHIU v. SUNSHINE HEIGHTS LTD.

    Citation
    KWONG CHIU v. SUNSHINE HEIGHTS LTD.
    Court
    Court of First Instance
    Case number
    HCPI71/2000

    The court held that the 1st/2nd Defendants breached their duty by permitting common parts to be fitted out with combustible materials and by failing to ensure adequate fire protection, alarms and enforcement of fire doors; the 4th Defendant breached duties in installing/maintaining the sprinkler system (gate valves closed) so sprinklers were ineffective; those breaches materially contributed to the deaths and injuries, and liability is apportioned 60% to the 1st/2nd Defendants and 40% to the 4th Defendant.

  • 20 Dec 2001

    KWONG CHIU v. SUNSHINE HEIGHTS LTD.

    Citation
    KWONG CHIU v. SUNSHINE HEIGHTS LTD.
    Court
    Court of First Instance
    Case number
    HCPI70/2000

    The court found that the 1st and 2nd Defendants, as owner and manager retaining control of common parts, breached their duty by permitting combustible fitting out and failing to ensure adequate fire prevention and functioning sprinklers and alarms; the 4th Defendant breached its maintenance/contractual obligations by failing to ensure the sprinkler system would operate (gate valves left closed); those breaches materially contributed to the rapid development of toxic smoke that caused 17 deaths; judgment entered for plaintiffs against the 1st/2nd and 4th Defendants with liability apportioned 6…

  • 20 Dec 2001

    KWONG CHIU v. SUNSHINE HEIGHTS LTD.

    Citation
    KWONG CHIU v. SUNSHINE HEIGHTS LTD.
    Court
    Court of First Instance
    Case number
    HCPI69/2000

    The 1st/2nd Defendants breached their occupiers' duty by acquiescing in and permitting high-risk combustible fittings in common parts and failing to ensure adequate fire protection, alarms and enforcement of fire doors; the 4th Defendant was negligent in installation/maintenance of the sprinkler system (gate valves not open and inaccessible), and those breaches materially contributed to the deaths; judgment entered for Plaintiffs against 1st/2nd and 4th Defendants with apportionment 60% to 1st/2nd and 40% to 4th Defendant.