Read the full judgment text of CACV 000060/1987 on BabelCite. This Court of Appeal judgment was delivered on 18 September 1987 before Cons, V-P, Hunter, JA and Hooper, J.
Civil appeal – Employees' Compensation Ordinance (Cap. 282) – section 6 – determination of dependency – whether mother of deceased employee was wholly or partially dependent on deceased – appeal against finding of partial dependency – whether finding against weight of evidence – hearsay evidence admitted under section 47 of the Evidence Ordinance – declaration by mother before Notary Public in the People's Republic of China – sole evidence of dependency before trial court – section 51(3) of the Evidence Ordinance – judge's duty to consider all circumstances from which inference of accuracy could reasonably be drawn – drafting of declaration not inspiring trust – implausibility of sole support by deceased given existence of three other adult sons and two adult daughters – traditional Chinese filial responsibility – burden of proof on applicant – whether failure to provide evidence of alternative dependency requires finding of total dependency – Respondent's Notice under O.59, r.6 not filed – whether Court of Appeal may vary assessment in absence of Respondent's Notice – section 6(4) requirement of sum reasonable and proportionate to injury to dependent – appeal dismissed – award not altered.
Legal issues: Whether finding of partial dependency was against the weight of evidence · Whether respondent must provide evidence of dependency on another person once appellant fails to prove total dependency · Whether Court of Appeal may vary assessment of dependency in absence of Respondent's Notice
Outcome: Appeal dismissed; the award of the Deputy District Judge is not altered.