Hong Kong Case Law: Decisions & Judgments

Topic

Statutory duty of care

Legal area

Court

17 Oct 2008

CHUNG YUEN YEE v. SAM WOO BORE PILE FOUNDATION LTD AND OTHERS

Citation

CHUNG YUEN YEE v. SAM WOO BORE PILE FOUNDATION LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI1053/2006

Leave to adduce Dr Chungs expert report is granted because it is not plainly irrelevant and is necessary to rebut the admitted Technical Report and permit effective cross-examination of its author; Dr Wongs report is not admitted insofar as it contains irrelevant material, factual matters based only on instructions or submissions, and opinion on system safety that the judge can determine without expert assistance. Consequently Dr Chungs report may be filed and answered within specified time limits and costs orders are made.
6 Jun 2008

SULAKHAN SINGH v. FEDERAL SECURITIES LTD AND ANOTHER

Citation

SULAKHAN SINGH v. FEDERAL SECURITIES LTD AND ANOTHER
Court

District Court
Case number

DCPI231/2007

The court found on the evidence the plaintiff had an accident at the construction site while carrying out patrol duties; Jetline as occupier breached the common duty of care and statutory safety obligations by failing to ensure a safe work environment, and Federal breached its duty as employer by failing to ensure a safe system and proper equipment; both defendants were liable and negligence was apportioned equally, but plaintiff was 50% contributorily negligent for failing to use/obtain a torch and for proceeding in dim light after noticing the hazard.
17 May 2007

MAHMOOD TARIQ v. KINWAY ENGINEERING LTD AND OTHERS

Citation

MAHMOOD TARIQ v. KINWAY ENGINEERING LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI149/2006

Liability was admitted; court found no contributory negligence because the claimant was directed to work on an unguarded platform in taxing conditions and fell within minutes; pre-accident earnings were fixed at $7,600 per month; claimant could not safely return to his pre-accident construction spraying work and was reasonably employed as a security guard by 5 January 2006; PSLA fixed at $200,000 and detailed calculations of pre-trial and future loss of income (with MPF) and special damages produced a net judgment of $360,051 after deducting employee's compensation payment, plus specified int…
18 Feb 1987

POON BOON CHE v. CHAN KAM FOOK AND ANOTHER

Citation

POON BOON CHE v. CHAN KAM FOOK AND ANOTHER
Court

Court of Appeal
Case number

CACV155/1986

The occupier owed the statutory duty but there was no evidence the open land or unloading operation was unsafe or that the occupier failed in that duty; the subcontractor/crane operator owed a common law duty but there was no sufficient evidence that the block or the system of working was dangerous or that the defendant breached that duty; causation of injury from any alleged breach was not established; appeal dismissed.

Hong Kong Case Law

CHUNG YUEN YEE v. SAM WOO BORE PILE FOUNDATION LTD AND OTHERS

SULAKHAN SINGH v. FEDERAL SECURITIES LTD AND ANOTHER

MAHMOOD TARIQ v. KINWAY ENGINEERING LTD AND OTHERS

POON BOON CHE v. CHAN KAM FOOK AND ANOTHER