Hong Kong Case Law: Decisions & Judgments

Topic

Workers' compensation

Legal area

Court

12 Feb 2026

李煥星對友樂食品有限公司

Citation

[2026] HKDC 224
Court

District Court
Case number

DCEC1782/2024

Court accepted applicant's credible oral evidence, applied s11(1)(b) to adopt the orally agreed monthly salary of HK$19,500, treated the Form 7 as conclusive under s16H (1.5% permanent loss and 550 days incapacity), and awarded compensation calculated under ss9 (HK$14,040), 10 (HK$286,000) and 10A (HK$245) totalling HK$300,285 plus interest; respondent ordered to pay costs to applicant to be assessed if not agreed.
27 Nov 2025

HUI TO YING v. SUN KWONG MING AND ANOTHER

Citation

[2025] HKDC 1790
Court

District Court
Case number

DCEC1759/2021

Applying the indicia in Poon Chau Nam, the court found the applicant was an employee because he was paid a fixed daily rate, worked under the 1st respondent's direction and supervision, had no opportunity to profit or suffer loss from projects, did not hire helpers, and worked jointly with the 1st respondent on site; therefore statutory compensation under ss 9, 10 and 10A was payable and s10(5) limits periodical payments to 36 months (944 days), with agreed loss rate 2.5% and agreed daily wage and attendance figures determining quantum.
15 Aug 2025

HAU PING HA 對 LIN XIUYI

Citation

[2025] HKDC 1350
Court

District Court
Case number

DCEC1280/2022

Court accepted applicant's contemporaneous and consistent evidence and rejected respondent's later inconsistent explanations and witness; found applicant was hired on the spot and was respondent's employee at time of accident; monthly income assessed at $7,800 under s11(2); Form7/Form9 permanent loss assessment of 3.5% is binding; no basis to extend s10 compensation period beyond 24 months; medical expenses payable under s10A; deduct $1,000 already paid; total statutory award calculated as $159,665 plus interest and costs.
30 Jun 2025

SEK TUNG FAT 對朱文傑 and 朱惠嫻 trading as 新發記

Citation

[2025] HKDC 1266
Court

District Court
Case number

DCEC1811/2023

The application to vary the provisional costs order was dismissed because the respondents did not show any special circumstances to displace the ordinary rule that costs follow the event; their evidence merely disputes the substantive judgment which must be challenged on appeal, and claimed financial hardship is not a sufficient basis to vary the costs order.
29 May 2025

LAM WAI MING BILLY 對 TSUI WAI trading as NEW CHINA HAIR SALON

Citation

[2025] HKDC 819
Court

District Court
Case number

DCEC1102/2020

The claimant's unexplained failure to comply with court directions (failure to file trial bundle and opening statement) and his absence on the trial date justified dismissal of the employees' compensation claim; dismissal was proportionate and not unfair and the respondent was entitled to costs.
21 Mar 2025

YIU BUN MELVYN 對 LUCKY DRAGON LOGISTICS (HK) LTD

Citation

[2025] HKDC 408
Court

District Court
Case number

DCEC1718/2023

Form 7 was accepted as final; applicant's pre-accident monthly income was calculated under s11(2) using local industry averages and applicant's stated daily rate to reach HK$18,200 per month; applying the percentages and periods in the Form 7 and the Ordinance produced s9 award HK$13,104, s10 award HK$237,328 and s10A medical award HK$2,340, totalling HK$252,722; hearing valid despite respondent's absence because service was proved.
7 Jan 2025

TANG YISU 對 SUNGUARD SECURITY CO LTD

Citation

[2025] HKDC 33
Court

District Court
Case number

DCEC1028/2021

The judge refused permission to appeal because the applicant failed to demonstrate a reasonable prospect of success or any other reason in the interests of justice under s63A(2) Cap.336; the application to replace the judge was dismissed for lack of any evidential basis of bias; the applicant's attempts to set aside earlier costs orders and the conduct in Court amounted to an abuse of process; the applicant was ordered to pay the respondent's costs with directions for a summary assessment procedure.
16 Sept 2024

LEE CHEUNG CHIT v. WONG CHUN WA t/a OH TIN LOGISTICS COMPANY

Citation

[2024] HKDC 1311
Court

District Court
Case number

DCEC192/2023

Weighing all indicia and contractual terms (control, mandatory hours, integration, provision of vehicle, regular pay, prohibition on subcontracting), the relationship was, as a matter of overall impression, one of employment; the Declaration labeling the worker a contractor is disregarded and respondent is liable under the ECO; compensation calculated accordingly.
22 Sept 2023

TAMANG SHUSHMA v. PIZZAEXPRESS (HONG KONG) LTD

Citation

[2023] HKDC 1328
Court

District Court
Case number

DCPI2488/2021

On the balance of probabilities the court found the defendant breached its duties: the freezer's automatic defrosting system was not working leading to frost, the Cleaning Room floor was wet and slippery from defrosting practice, and the tiled drainage cover was movable and located so as to create a foreseeable hazard; footwear and training were inadequate. Plaintiff was not contributorily negligent. Causation was established and damages awarded but reduced by 50% to account for pre-existing degenerative spinal condition. Judgment entered for plaintiff for HK$1,741,764.28 plus interest and co…
5 May 2023

LI HUIDI, the administratrix of the estate of LEUNG KIN MING, deceased 對 TSANG YING FONG t/a WOOI MEI GOON

Citation

[2023] HKDC 615
Court

District Court
Case number

DCEC2196/2021

Court accepted the applicant's uncontested evidence that the deceased's monthly income was HK$19,000 and accepted the Form 7 assessment of 1% permanent loss and 130 days' incapacity. Applying s7(1)(c) cap of 48 months for a 64‑year‑old, s9 compensation = 19,000 x 48 x 1% = HK$9,120. Applying s10(1) temporary incapacity formula, s10 compensation = 19,000 x 4/5 x 130/30 = HK$65,866.67. Total compensation awarded = HK$74,986.67. Interest ordered at half the judgment rate from date of accident to judgment, then at full rate until payment. Provisional costs order made in favour of applicant with 1…