Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 9(1a) discretion
  • 22 Apr 2003

    LAW SIU SEE v. DE RODEO HUMAN RESOURCES LTD

    Citation
    LAW SIU SEE v. DE RODEO HUMAN RESOURCES LTD
    Court
    District Court
    Case number
    DCEC989/2001

    The court held that the monthly HK$1,700 payment was a reimbursement for vehicle expenses and not 'earnings' under s3 and should be excluded; pro rata double pay is included; on the evidence the Applicant failed to prove alternative-occupation income sufficiently to invoke s9(1A); however medical evidence and the Applicant's reliable testimony justified departing from the Board's 7% to assess permanent loss of earning capacity at 11%; applying monthly earnings of HK$11,917.00 the court calculated statutory awards under s9 and s10 and credited periodical payments, resulting in judgment for HK$…