Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Seat-belt non-use

Legal area

Court

4 Jun 2002

HO CHI HANG WILLIAM v. HONGKONG AIR TERMINAL SERVICES LTD.

Citation

HO CHI HANG WILLIAM v. HONGKONG AIR TERMINAL SERVICES LTD.
Court

Court of First Instance
Case number

HCPI1526/2000

Amendment to plead contributory negligence in the Defence refused because the application was unreasonably late, lacked adequate evidential foundation, would cause substantial prejudice to the Plaintiff (including inability to examine vehicles and need for fresh expert evidence), and would disrupt case management; limited amendment to Third Party Notice allowed only to add particulars of negligent driving (paragraph 6(i)-(v)).
31 Oct 1979

LIU SIU-FUN AND OTHERS v. HO WING-CHEONG

Citation

LIU SIU-FUN AND OTHERS v. HO WING-CHEONG
Court

Court of First Instance
Case number

HCA4713/1978

Defendant was negligent; 3rd Plaintiff was not contributorily negligent in driving; plaintiffs' failure to wear seat-belts did not constitute contributory negligence given inadequate public awareness at the time, and even if contributory negligence applied any reduction should be modest (court exercised discretion to limit reduction); plastic surgery fees were reasonably incurred and recoverable; damages awarded and apportioned with specified interest and tax-related deductions as just and equitable.