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DCPI 2733/2012
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
PERSONAL INJURIES ACTION NO.2733 OF 2012
________________________
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BETWEEN
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CHONG CHI CHING |
Plaintiff |
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and |
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SECRETARY FOR JUSTICE
(for and on behalf of the Government of the HKSAR)
|
1st Defendant
(discontinued) |
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SOURCES FAME MANAGEMENT LIMITED |
2nd Defendant |
________________________
| Before: Deputy District Judge S P Yip in Court |
| Date of Hearing: 30 November 2015; 1, 2, 9 & 11 December 2015 |
| Date of Judgment: 24 October 2016 |
| Date of Corrigenda: 17 November 2016 |
________________________
C O R R I G E N D A
________________________
Please note the following corrigenda in the Judgment dated 24 October 2016:-
1.The table at paragraph 104 shall read as:-
|
Period |
Amount
(HK$) |
Source |
|
$10,290 × (24.12.2009 to 31.01.2010) |
12,945.48 |
Table B |
|
$10,390 × (01.02.2010 to 14.08.2010) |
67,032.26 |
Table B |
|
$11,000 × (15.08.2010 to 31.01.2011) |
60,677.42 |
Table B |
|
$11,550 × (01.02.2011 to 14.08.2011) |
74,516.13 |
Table B |
|
$11,840 × (15.08.2011 to 14.02.2012) |
71,040.00 |
Table B |
|
$12,430 × (15.02.2012 to 14.08.2012) |
74,580.00 |
Table B |
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$12,780 × (15.08.2012 to 14.09.2012) |
12,780.00 |
Table B |
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Total: |
373,571.29 |
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2.The table at paragraph 105 shall read as:-
|
Period |
Amount (HK$) |
Source |
January 2010 to
November 2014 |
436,941.50 |
Paragraph 83 of P’s
Closing Submissions |
|
Less 15-30 Sep 2012 |
(4,686.00 × 16/30 =
2,499.20) |
MPF Contributions Report |
|
Less Oct 2012 |
(4,947.10) |
MPF Contributions Report |
|
Less Nov 2012 |
(3,834.00) |
MPF Contributions Report |
|
Less Dec 2012 |
(5,565.48) |
MPF Contributions Report |
|
Less Jan 2013 |
(4,122.58) |
MPF Contributions Report |
|
Less Feb 2013 |
(5,794.29) |
MPF Contributions Report |
|
Less Mar 2013 |
(5,233.55) |
MPF Contributions Report |
|
Less Apr 2013 |
(5,408) |
Remittance Advice |
|
Less May 2013 |
(2,616.77 + 2,180.65 =
4,797.42) |
Remittance Advice |
|
Less Jun 2013 |
(5,408) |
Remittance Advice |
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Less Jul 2013 |
(4,361.29) |
Remittance Advice |
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Less Aug 2013 |
(2,180.65 × 2 = 4,361.30) |
Remittance Advice |
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Less Sep 2013 |
(4,957.33) |
Remittance Advice |
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Less Oct 2013 |
(5,669.68)
|
Remittance Advice |
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Less Nov 2013 |
(2,253.33 × 2 = 4,506.66) |
Remittance Advice |
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Less Dec 2013 |
(5,233.55) |
Remittance Advice |
|
Less Jan 2014 |
(5,233.55) |
Remittance Advice |
|
Less Feb 2014 |
(5,602.14) |
MPF Contributions Report |
|
Less Mar 2014 |
(5,060.00) |
MPF Contributions Report |
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Less Apr 2014 |
(6,179.33) |
Remittance Advice |
|
Less May 2014 |
(3,220.00 + 2,300.00
= 5,520.00) |
Remittance Advice |
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Less Jun 2014 |
(5,228.67) |
Remittance Advice |
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Less Jul 2014 |
(4,600.00) |
Remittance Advice |
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Less Aug 2014 |
(2,300.00 + 2,760.00
= 5,060.00) |
Remittance Advice |
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Less Sep 2014 |
(5,228.67) |
Remittance Advice |
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Less Oct 2014 |
(5,520.00) |
Remittance Advice |
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Less Nov 2014 |
(1,901.33 + 2,852.00
= 4,753.33) |
Remittance Advice |
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Total: |
302,256.38 |
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3.Paragraph 106 shall read as:-
“Therefore, the pre-trial loss of salaries is assessed at: HK$(371,571.29 – 302,256.38) = HK$71,314.91 rounded up to HK$71,315.”
4.The last sentence of paragraph 107 shall read as:-
“P’s loss of MPF should be HK$71,315 × 5% = HK$3,565.75 rounded up to HK$3,566.”
5.Paragraph 108 shall read as:-
“As D2 is prepared to accept that P is entitled to gratuity payment equal to 9.47% of the total basic salary earned by P during the appropriate sick leave period, I award P the following sum as her loss of gratuity payments: HK$71,315 × 9.47% = HK$6,753.53 rounded up to HK$6,754.”
6.Paragraph 132 shall read as:-
“For the above reasons, I enter judgment against D2 in favour of P for a sum of HK$90,936 after taking into account of P’s 20% contributory negligence and deduction of the EC award as follows:
|
Items |
Award Amount (HK$) |
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1. PSLA |
330,000 |
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2. Loss of Pre-trial Salaries |
71,315 |
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3. Loss of MPF |
3,566 |
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4. Loss of Gratuity Payments |
6,754 |
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5. Loss of Supermarket Cash Coupons |
2,000 |
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6. Loss of Earning Capacity |
45,000 |
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7. Domestic Helpers |
4,320 |
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8. Private Medical Expenses |
2,900 |
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9. Travelling Expenses |
7,614 |
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10. Tonic Food |
5,000 |
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11. Future Medical Expenses |
2,400 |
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12. Other special damages |
450
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Gross Total: |
481,319 |
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LESS: 20% Contributory Negligence |
(96,264) |
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EC Award |
(294,119)
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Net Total: |
90,936 |
Dated this 17th day of November, 2016.
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(Raymond Tam)
Clerk to Deputy District Judge S P Yip |
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