Hong Kong Case Law: Decisions & Judgments

Topic

Road traffic accident

Legal area

Court

13 Mar 2024

陳正浩對 LAM KWAN HUNG

Citation

[2024] HKCA 239
Court

Court of Appeal
Case number

CAMP202/2023

The original judge made detailed, well-reasoned factual and credibility findings based on persuasive dashcam evidence and witness accounts; the appellant failed to show any plainly wrong factual finding or any realistic prospect of success on appeal, and no other reasons in the interests of justice existed to justify granting permission; accordingly permission to appeal is refused and costs awarded to the respondent.
10 Mar 2017

KWONG KA YIN v. CHEUNG HING WORLDWIDE LTD AND ANOTHER

Citation

KWONG KA YIN v. CHEUNG HING WORLDWIDE LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV178/2014

The judge failed to address and give reasons for rejecting the 2nd defendant's explanation that an unidentified vehicle cut in front of the taxi (and failed to consider supporting evidence such as skid marks); that omission undermined the finding of negligence and required setting aside the judgment and remitting the matter for re-trial before a different judge.
24 Jun 2009

NG SHING YAN VINCENT v. POON KIN PONG

Citation

NG SHING YAN VINCENT v. POON KIN PONG
Court

Court of First Instance
Case number

HCPI83/2004

The court preferred the Defendant's and independent witness evidence, found the Plaintiff and his witness unreliable, concluded the Plaintiff dashed suddenly into the road making the collision unavoidable and that the Defendant was not negligent; claim dismissed.
26 May 2006

TENG WEI YAN v. KWOK KAI WING AND OTHERS

Citation

TENG WEI YAN v. KWOK KAI WING AND OTHERS
Court

District Court
Case number

DCPI54/2005

The court admitted the 2nd Defendant's out-of-court statement under s.47(1) but gave it appropriate limited weight; the Plaintiff was found unreliable on identity of driver and the court was not satisfied on balance that the 1st Defendant was the driver. Regardless, the 2nd Defendant as registered owner had authorised either the 1st Defendant or Chan to drive and is therefore liable for the authorised driver's negligence; the insurer is liable to satisfy the judgment if the 2nd Defendant does not pay within 28 days. Damages were assessed on the medical evidence and comparable authorities and…
11 Jan 2006

CHAN PAK LEUNG v. LEE KIN TAK AND ANOTHER

Citation

CHAN PAK LEUNG v. LEE KIN TAK AND ANOTHER
Court

Court of First Instance
Case number

HCPI118/2004

The judge accepted the evidence of the 1st defendant and independent witness Chan, rejected the plaintiff's account as not credible, found the 1st defendant lawfully braked to avoid a flying road sign and that the plaintiff was following too closely and thus dismissed the plaintiff's claim with costs.
28 Sept 2001

SEAWEALTH ENTERPRISES LTD. v. WAN CHEUK KEUNG AND ANOTHER

Citation

SEAWEALTH ENTERPRISES LTD. v. WAN CHEUK KEUNG AND ANOTHER
Court

District Court
Case number

DCCJ21488/1999

The court accepted Mr. Fan's account as more credible because the police sketch and photographs were consistent with the Lorry remaining in the right lane and the Benz crossing into that lane, the road geometry and obstructions made the alleged right-side overtaking implausible, and physical evidence (including absence of skid marks) contradicted the plaintiff's version; consequently plaintiff's claim and the defendants' counter-claim were both dismissed for lack of proof.
18 Jul 1994

CHAN SI MUI v. KONG HUNG KEUNG AND OTHERS

Citation

CHAN SI MUI v. KONG HUNG KEUNG AND OTHERS
Court

Court of First Instance
Case number

HCA4977/1991

Judge found both plaintiff and driver equally to blame (50% each); both corporate defendants held vicariously liable because the driver's employment and control were effectively shared and inseparable between the two companies; damages assessed on full liability and reduced by 50% for contributory negligence.
14 Jun 1985

FAN WAH AND ANOTHER v. KONG CHUNG KWONG AND OTHERS

Citation

FAN WAH AND ANOTHER v. KONG CHUNG KWONG AND OTHERS
Court

Court of First Instance
Case number

HCA8793/1981

Both the motorcycle rider (1st defendant) attempting to overtake while a lorry (3rd defendant) was overtaking a taxi acted negligently, the lorry driver failed to keep a proper lookout and executed an unsafe overtaking, both drivers were each negligent and each held liable; owners (2nd and 4th defendants) are vicariously liable and contribution between the responsible parties is set at 50% each.
16 Jan 1981

CHOW MAN FAI v. CHENG TO SUM AND ANOTHER

Citation

CHOW MAN FAI v. CHENG TO SUM AND ANOTHER
Court

District Court
Case number

DCCJ1795/1980

The judge found on the evidence that the plaintiff, an 11 year old, acted negligently by failing to observe the pedestrian light and hastily walking into the path of the defendant's vehicle; the traffic lights were in the 1st defendant's favour, the defendant took reasonable steps to avoid the collision and therefore the accident was wholly caused by the plaintiff; action dismissed with costs to the 1st defendant.
18 Jan 1971

CHOW CHIU CHEUNG v. HANS JOACHIM BERNICK AND ANOTHER

Citation

CHOW CHIU CHEUNG v. HANS JOACHIM BERNICK AND ANOTHER
Court

Court of First Instance
Case number

HCA371/1969

Damages are awarded to the plaintiff in the total sum of $14,810 comprising general damages of $7,500 and assessed special damages of $7,310; rental expenses claimed without medical justification were disallowed; a reasonable allowance of $750 was made for nourishing food; interest at 8% awarded from 5 May 1968 to date of judgment; costs and counsel's certificate to be paid by the 1st defendant and plaintiff's costs to be taxed under Legal Aid regulations.