Ahmed Israr v. Richpac Logistics Ltd

DCEC 1583/2024

[2026] HKDC 1073

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 1583 OF 2024

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JUDGMENT

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A.  INTRODUCTION

1.On 15 September 2023, whilst in the employment of the 1^st Respondent as a labourer, the Applicant slipped and fell onto the ground from the top of a cargo (the “Accident”). The Applicant sustained injury to his back as a result.

2.This is the Applicant’s application pursuant to the Employees’ Compensation Ordinance (Cap 282) (“ECO”) for compensation under sections 9, 10, and 10A thereof.

3.On 9 May 2025, the action against the 2^nd Respondent was discontinued.

4.The 1^st Respondent did not take part in these proceedings. On 25 July 2025, interlocutory judgment was entered against the 1^st Respondent.

5.Before the court is the assessment of compensation in these proceedings.

B.  WITNESS AND EVIDENCE

6.The Applicant filed one witness statement for himself. He did not call any other witness. His evidence is consistent with contemporaneous documents, and he appears to be a credible and reliable witness. All medical reports were produced without calling the makers thereof.

7.According to the Applicant, on 7 December 2023, he received an advance payment of compensation in the amount of HK$20,000 from the 1^st Respondent.

C.      THE APPLICANT’S INJURIES

8.As a result of the Accident, the Applicant suffered back injury resulting in pain. On 13 January 2025, the Employees’ Compensation (Ordinary Assessment) Board (the “Board”) certified his loss of earning capacity permanently caused by the injury at 0.5%.

9.The Board also certified that the Applicant’s absence from duty in the periods from 15 September 2023 to 21 August 2024 and from 18 October 2024 to 30 December 2024 was necessary as a result of the injury, totalling 416 days.

10.Pursuant to section 16H of ECO, the certificate of assessment issued by the Board “… shall be admitted in evidence without further proof on its production in any court and … (ii) shall be evidence of the matters stated therein”.

D.  THE APPLICATION

D1.  The Applicant’s Earnings

11.The Applicant was employed by the 1^st Respondent since 16 August 2023.

12.I accept the Applicant’s evidence that during his period of employment from 16 August 2023 to the date of the Accident, he had worked for 21 days (excluding the date of the Accident) and was remunerated by cash at a daily rate of HK$1,300/day. In other words, but for the Accident, the Applicant would have worked 22 days during a one-month period of employment with the 1^st Respondent.

13.In a cautioned statement made to the Labour Department on 28 December 2023, the 1^st Respondent’s representative admitted the aforesaid period of the Applicant’s employment with the 1^st Respondent as well as the daily wage.

14.In the premises, for the purposes of section 11(1)(b) of ECO, I accept that the Applicant’s monthly earnings at the time of the Accident was HK$1,300 x 22 days, ie HK$28,600/month.

D2.  Section 9 Compensation

15.At the time of the Accident, the Applicant was aged 19. According to section 7(1)(a) of ECO, the amount of compensation should be assessed with reference to 96 months’ earnings.

16.In the premises, I consider that the proper sum under section 9 of ECO is $28,600/month x 96 months x 0.5% = HK$13,728.

D3.  Section 10 Compensation

17.As certified by the Board, after the Accident, the Applicant was granted sick leave for a total period of 416 days.

18.The amount of compensation under section 10 of ECO is therefore $28,600/month x 416 /30 months x 4/5 = HK$317,269.33.

D4.  Section 10A Compensation

19.The Applicant claims a total sum of HK$2,000 as medical expenses under section 10A of ECO. Whilst the Applicant did not retain any medical receipts, I accept his evidence that for his 3-day hospitalisation at Tuen Mun Hospital and multiple follow-up sessions with the Orthopaedics Department and Physiotherapy Department of Tuen Mun Hospital, the medical expenses incurred as a result of the injury caused by the Accident is around HK$2,000. I therefore allow a sum of HK$2,000 under section 10A of ECO.

D5.  Summary

20.By reason of the above, the amount of compensation under sections 9, 10 and 10A of ECO are:-

	HK$
Section 9	13,728.00
Section 10	317,269.33
Section 10A	2,000.00
	_________
	332,997.33
LESS: Advance Payment	(20,000.00)
	_________
TOTAL:	312,997.33
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21.The total amount of compensation less the advance payment of HK$20,000 is HK$312,997.33.

22.The Applicant is entitled to interest at half judgment rate from the date of the Accident (ie 15 September 2023) to the date of this judgment and thereafter at judgment rate until payment in full.

23.I also make a costs order nisi that the 1^st Respondent do pay the costs of the Applicant (including all costs reserved, if any), to be taxed if not agreed.

Mr N Mang, of Joseph Leung & Associates, for the Applicant

The 1^st Respondent was not represented and did not appear