Hong Kong Case Law: Decisions & Judgments

Topic

Wrongful death

Legal area

Court

4 Aug 2009

YIP KAM AND ANOTHER v. ZHONGSHAN FOODSTUFFS & AQUATIC IMPORT & EXPORT GROUP CO LTD OF GUANGDONG AND ANOTHER

Citation

YIP KAM AND ANOTHER v. ZHONGSHAN FOODSTUFFS & AQUATIC IMPORT & EXPORT GROUP CO LTD OF GUANGDONG AND ANOTHER
Court

Court of First Instance
Case number

HCAJ31/2008

The court refused to exercise its discretion to extend the statutory 2-year limitation because the plaintiff did not establish good reason for the delay (could have sought legal aid earlier; awaiting police investigation and mistaken legal advice did not suffice), the delay was not negligible, the defendant did not contribute to the delay, and the defendant would likely suffer prejudice from loss of key witnesses; accordingly the Writ was struck out and the actions dismissed.
6 Jun 2006

LAM KANG v. CHOI HOK YIN AND ANOTHER

Citation

LAM KANG v. CHOI HOK YIN AND ANOTHER
Court

Court of First Instance
Case number

HCPI557/2004

On the accepted evidence the defendant's account was credible and established that the fatal shot was accidental in the course of lawful police action; the plaintiff failed to prove intentional assault or negligence; PGOs do not of themselves create an independent civil cause of action and, in any event, no breach was established; accordingly the plaintiff's claim fails and is dismissed.
27 Mar 2001

MAK SIN MAN AND ANOTHER v. LUEN TAT WATCH BAND MANUFACTURER LTD.

Citation

MAK SIN MAN AND ANOTHER v. LUEN TAT WATCH BAND MANUFACTURER LTD.
Court

Court of First Instance
Case number

HCPI1422/1999

On the balance of probabilities the court found the evidence insufficient to prove the fall resulted from employer negligence or that a head injury at work caused the intracerebral haemorrhage; medical evidence and the deceased's severe liver disease and thrombocytopenia made a spontaneous haemorrhage a real and more likely cause, so judgment was entered for the Defendant.
30 Mar 1998

CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO LTD AND ANOTHER

Citation

CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI1267/1996

Yip Siu Yin is a necessary and proper party because she remains a validly appointed administratrix whose participation is required to prosecute the estate's statutory causes of action and there was no application to revoke her office; practical difficulties faced by the insurer did not justify striking her out under O.15 r.6.
26 Sept 1995

KWONG SIU WING and Another v. WONG WAI CHUNG

Citation

KWONG SIU WING and Another v. WONG WAI CHUNG
Court

Court of First Instance
Case number

HCA5715/1989

Court accepted plaintiffs' uncontested documentary evidence, applied precedent and an upward inflation adjustment short of plaintiffs' proposed $270,000, awarded $260,000 for pain, suffering and loss of amenities; accepted 10% per annum inflation methodology for past earnings calculation and awarded $370,434 for loss of earnings from date of accident to date of death; awarded $1,112 medical expenses; ordered interest at 2% p.a. on general damages from date of writ and 5% p.a. on special damages from date of accident; defendant to pay plaintiffs' costs to be taxed with certificate for counsel;…
27 Jun 1990

LEE CHING HA AND OTHERS v. KIT MAN AND ANOTHER

Citation

LEE CHING HA AND OTHERS v. KIT MAN AND ANOTHER
Court

Court of First Instance
Case number

HCA1540/1989

On the available evidence the master accepted pre-death earnings of HK$8,000 per month and HK$12,000 at date of death, assessed future earnings at HK$20,000 per month, awarded HK$40,000 bereavement, quantified pre-trial and post-trial dependency with agreed multipliers producing HK$551,590.80 under the Fatal Accidents Ordinance, allowed substantiated funeral expenses HK$7,700 and an award for accumulation of wealth to the two sons totaling HK$680,328.07 under Cap.23 s.20(2)(b)(iii), ordered interest at judgment rate on funeral and pre-assessment loss but not on future loss, and ordered costs…
20 Mar 1990

MOHAMMED HANIFA AND ANOTHER v. WONG CHI TAT

Citation

MOHAMMED HANIFA AND ANOTHER v. WONG CHI TAT
Court

Court of First Instance
Case number

HCA6238/1988

The Master found the widow contributed on average HK$250 per month towards household expenses, reducing the deceased's monthly contribution to HK$4,750 and accepting the mother's HK$500 monthly receipt; applying the parties' agreed multipliers and a 10% agreed increase for pre/post assessment periods, and allowing the LARCO accumulation claim on increased earnings, the Master calculated and awarded specific sums under each head resulting in a total award of HK$660,056 plus ordered interest and costs.
14 Nov 1989

KONG CHUN MUI v. CHAU KWAI FONG AND ANOTHER

Citation

KONG CHUN MUI v. CHAU KWAI FONG AND ANOTHER
Court

Court of First Instance
Case number

HCA7221/1987

Court accepted a mean evidential approach using government wage statistics adjusted for casual work and accepted $180 per day and 28 working days per month; assessed deceased's dependency share at 79.5%; applied agreed multiplier 14; calculated pre-trial and post-trial losses accordingly; awarded specified sums, deducted Employees' Compensation $299,000 and prior payment $44,000, resulting in net damages of $894,497.60; awarded interest only at 2% on loss of expectation of life from date of writ to date; no interest on pre-trial loss and funeral expenses.
16 Apr 1988

CHU LIN v. SO CHI KEUNG t/a YAU HOP BAMBOO SCAFFOLDING CONTRACTORS AND ANOTHER

Citation

CHU LIN v. SO CHI KEUNG t/a YAU HOP BAMBOO SCAFFOLDING CONTRACTORS AND ANOTHER
Court

Court of First Instance
Case number

HCA3058/1983

The employer (So Chi Keung) breached the duty of care by failing to provide and ensure installation of lateral wiring/anchorage, adequate and equal-sized main base standards and necessary tools and supervision; those failures caused the instability and collapse. The skilled scaffolder (Fung) bore some contributory fault (30%) for not ensuring wiring or refusing to proceed without proper equipment, but primary liability rests with the employer (70%). Third party claims were statute-barred and could not proceed further.
25 Sept 1986

LAM FONG AND OTHERS v. LEE SIK TONG

Citation

LAM FONG AND OTHERS v. LEE SIK TONG
Court

Court of First Instance
Case number

HCA1083/1985

Court accepted the plaintiff's evidence of earnings, savings and family contributions, fixed the free balance at 53% of earnings, applied multiplier 16 for loss to estate under LARCO, awarded specified FAO sums to non-inheriting dependants with individual multipliers, deducted employees' compensation of HK$56,000 as likely payable to employer, awarded interest at specified rates on pre-trial heads, and ordered costs against the defendants.