Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Occupational deafness

  • 14 Nov 2008

    LAI KING YIU v. ACCIONA INFRAESTRUCTUREAS, S.A. AND OTHERS

    Citation
    LAI KING YIU v. ACCIONA INFRAESTRUCTUREAS, S.A. AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI444/2008

    Because a joint medical report provided an agreed opinion that the plaintiff was physically able to resume the pre-accident job subject to wearing protection, a subsequent unilateral expert report would not add to resolution of the key issue and is inadmissible; interrogatories about brief subsequent construction employment were marginal in relevance and not necessary for fair disposal or cost-saving and are therefore disallowed; court retains discretion to permit amendments and to fix hearing length and costs.

  • 17 Feb 1992

    WONG CHICK v. SWIRE PACIFIC LTD.

    Citation
    WONG CHICK v. SWIRE PACIFIC LTD.
    Court
    District Court
    Case number
    DCEC165/1990

    The court held boiler-maker noise-induced deafness is not a scheduled industrial disease under the 1969 Ordinance and, on the evidence, resulted from a continuous, routine process of work rather than an 'accident' or series of fortuitous accidents; furthermore, even if treated as accidental, the applicant's asserted ignorance of entitlement did not constitute a reasonable excuse for failing to give notice and commence proceedings within the statutory 12 months, therefore the claim must be struck out.