Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Wilful misconduct/self-harm
  • 13 Jul 2023

    HUNG SHING KEUNG 對 梁潤生 t/a 興旺搬屋公司

    Citation
    [2023] HKDC 918
    Court
    District Court
    Case number
    DCEC2233/2021

    On the evidence, the applicant was an employee at the time of the accident (respondent's own filings and admissions and indicia of control and payment); respondent failed to prove deliberate self-harm or serious and wilful misconduct; applicant's daily wage accepted at HK$1,100 and monthly working days fixed at 26 (statistical average) giving monthly income HK$28,600; orthopaedic expert unchallenged assessed permanent loss of earning capacity at 3%; applying statutory formulas yields awards of HK$61,776 (s9), HK$296,677.33 (s10) and HK$1,024 (s10A) less HK$1,000 already paid, total HK$358,477…