Hong Kong Case Law: Decisions & Judgments

Topic

Permanent loss of earning capacity

Legal area

Court

5 Mar 2026

SECRETARY FOR JUSTICE v. LEUNG HUNG YAT

Citation

[2026] HKDC 382
Court

District Court
Case number

DCCJ2804/2022

The Master found the Government blameless for the incident and entitled under s.25(1)(b) ECO to recover the full statutory compensation it paid to the injured constable; the payments were proven and correctly calculated and the proviso limiting recovery did not apply because the employee made no civil claim, therefore the defendant must indemnify the Government for HK$497,190.42 plus judgment interest and costs.
3 Oct 2025

LEE TIN HO ALEX v. PARTNERS-EXPRESS LOGISTICS (HK) LTD

Citation

[2025] HKDC 1660
Court

District Court
Case number

DCEC715/2023

The Court accepted the expert opinion that the Applicant sustained a 2% permanent loss of earning capacity, applied 72 months' reference earnings of $23,000/month, and awarded section 9 compensation of $33,120; payments of salary during sick leave are not deductible and interest and costs were ordered.
6 Mar 2025

LAM PAK YUEN 對 LUNG KEE BICYCLE COMPANY LTD

Citation

[2025] HKDC 297
Court

District Court
Case number

DCEC1244/2022

The court accepted the respondent's expert evidence that the majority of injuries had recovered within weeks and that the left tennis elbow was not caused or aggravated by the accident; the applicant's credibility was undermined by inconsistent records and exaggerated/underperformed physical findings, therefore the applicant suffered one month of incapacity attributable to the accident and no permanent loss of earning capacity (0%), leading to awards only for statutory sick pay and limited medical expenses totaling HK$10,624.
27 Feb 2025

LAM TUN WA v. SAN HING DRILL CUT ENGINNEERING COMPANY LTD AND OTHERS

Citation

[2025] HKDC 324
Court

District Court
Case number

DCPI3973/2022

The court found the applicant sustained mild head and soft tissue neck and back injuries with psychiatric adjustment disorder but no structural or neurological damage; the medical evidence (SJE) established MMI within 12 months and limited residual orthopaedic impairment; monthly earnings were properly calculated at HK$28,600 by adopting a flexible 30‑day/working‑days approach given continuous work immediately prior to the accident; a 12‑month sick leave is appropriate for s10 compensation (s10 presumption rebutted), permanent loss of earning capacity assessed at 6.5% for ECO purposes, and to…
27 Feb 2025

LAM TUN WA v. SAN HING DRILL CUT ENGINNEERING COMPANY LTD AND OTHERS

Citation

[2025] HKDC 324
Court

District Court
Case number

DCEC475/2022

The court accepted the SJE orthopaedic evidence that the plaintiff sustained mild head and soft tissue neck/back injuries with adjustment disorder, that monthly earnings for compensation should be calculated at $28,600 using a flexible approach, that reasonable sick leave is 12 months, that permanent loss of earning capacity is 6.5%, and awarded employees compensation of HKD 352,144 and net common law damages of HKD 1,090,460; the plaintiff's voluminous witness statement was largely struck out and costs sanctions ordered against his solicitors for the WS application.
29 Nov 2024

WAI\'S INTERNATIONAL ENGINEERING LTD 對 LI PING

Citation

[2024] HKDC 1928
Court

District Court
Case number

DCEC944/2019

The court accepted independent joint expert evidence and contemporaneous medical records over the Form 7 certificate, found the respondent recovered by 31/12/2018 (six months), fixed permanent loss of earning capacity at 2%, awarded total compensation of HKD 40,838.40 and ordered repayment by the respondent of interim payments net HKD 921,334.94; no interest awarded and costs provisionally to applicant.
24 Jun 2024

TAM CHI CHIU 對余錫文

Citation

[2024] HKDC 956
Court

District Court
Case number

DCEC1569/2022

Court accepted applicant's unchallenged evidence and market comparators to fix daily income at $1,140, adopted 26 working days per month to compute monthly income $29,640, treated the Form 9 3% permanent loss assessment and 112‑day certified incapacity period as conclusive, applied s9 and s10 formulas to compute $64,022.40 (permanent) and $28,484.80 (temporary), allowed medical expenses $420 under s10A, deducted $5,000 previously paid, and awarded total compensation $87,927.20 plus interest and costs.
7 May 2024

YEUNG WAN KIT 對 LEUNG SUET CHUN formerly trading as GBS MANAGEMENT CO

Citation

[2024] HKDC 625
Court

District Court
Case number

DCEC1940/2022

The court accepted the unappealed review assessment certificate as final, applied the statutory formulas in ss7,9,10 and 10A and Schedule 3 to compute compensation (HK$5,377.80 under s9; HK$16,640 under s10; HK$17,340 under s10A) and ordered the respondent to pay the aggregate sum with interest and costs.
23 Jan 2024

HU CHENG CHUN 對 WONG MING TAT AND YU LUN MING t/a CHUNG YICK MOTOR ENGINEERING

Citation

[2024] HKDC 133
Court

District Court
Case number

DCEC2552/2021

The court found the accident on 4 March 2021 occurred and materially contributed to the applicant's current back pain. Applying the principle in LKK Trans, full statutory compensation is payable where the accident is a cause. The applicant failed to discharge the evidential burden to prefer the joint expert's 5% permanent loss assessment over the Form 9 review certificate of 2%; the court therefore adopted 2% for s9 and applied the Paper Mills formula for s9 and statutory calculations for s10(1), deducting amounts already paid, and awarded medical expenses and interest accordingly.
5 May 2023

LI HUIDI, the administratrix of the estate of LEUNG KIN MING, deceased 對 TSANG YING FONG t/a WOOI MEI GOON

Citation

[2023] HKDC 615
Court

District Court
Case number

DCEC2196/2021

Court accepted the applicant's uncontested evidence that the deceased's monthly income was HK$19,000 and accepted the Form 7 assessment of 1% permanent loss and 130 days' incapacity. Applying s7(1)(c) cap of 48 months for a 64‑year‑old, s9 compensation = 19,000 x 48 x 1% = HK$9,120. Applying s10(1) temporary incapacity formula, s10 compensation = 19,000 x 4/5 x 130/30 = HK$65,866.67. Total compensation awarded = HK$74,986.67. Interest ordered at half the judgment rate from date of accident to judgment, then at full rate until payment. Provisional costs order made in favour of applicant with 1…