Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Overcrowding

  • 23 Dec 2005

    CHOW SHU KI v. SHUM WAI MING AND ANOTHER

    Citation
    CHOW SHU KI v. SHUM WAI MING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI1017/2001

    The immediate cause was jostling by alighting passengers which caused Mr Chow to fall; plaintiff failed to prove statutory overcrowding or that any breach by defendants materially contributed to the accident; the driver had no time or means to prevent the event and the bus conformed to statutory and approved practice, therefore defendants not liable.

  • 7 Mar 1988

    LAI HING WAN v. KOWLOON-CANTON RAILWAY CORPORATION

    Citation
    LAI HING WAN v. KOWLOON-CANTON RAILWAY CORPORATION
    Court
    Court of First Instance
    Case number
    HCA4338/1984

    The defendant KCR breached its duty by failing to take reasonable measures to move passengers from overcrowded front carriages, by allowing passengers to remain on carriage platforms while the train departed, and by failing to close the folding metal gate when it was obvious passengers were on the platform; these breaches caused the plaintiff's injuries. The plaintiff was contributorily negligent to the extent of 20%; damages were awarded and calculated across heads including general damages, past and future earnings, care, prosthetics and equipment, with specified multipliers and interest.