Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Periodical payments under section 10

Legal area

Court

9 Sept 2020

HUI PO CHI v. TRADE TRAVEL (HONG KONG) LTD

Citation

[2020] HKDC 723
Court

District Court
Case number

DCEC406/2017

The respondent was not entitled to invoke s16(1A) because it had not paid periodical payments under s10 to the applicant at the relevant time; the sick‑leave 'Said Payments' were not s10 periodical payments and a single past payment does not satisfy the continuing 'in receipt of' requirement; accordingly the purported s16 request was ineffective to extinguish the applicant's compensation rights.
25 Jul 2014

TANG YAM KAU v. KEY ASIA ENGINEERING LTD

Citation

TANG YAM KAU v. KEY ASIA ENGINEERING LTD
Court

District Court
Case number

DCEC694/2011

Applicant was the respondent's employee and the accident arose out of and in the course of employment; medical and rehabilitation evidence and experts established permanent orthopaedic and psychiatric impairments. The court, reassessing the Board's certificate, fixed permanent loss of earning capacity at 17% under s9 and varied the Board's 12% to 17%. Applicant was entitled to periodical payments under s10 for the full 36 months and the court exercised its discretion under s10(5) to allow the full extension. Section 11(1A)(b) and 11(1B)(b) apply to permit upward CPI(A) adjustments to monthly…