Lee Lin Ho v. Cheng Loi Shing t/a Foon Keen Construction Co. and Another

DCEC000671/2000

DCEC671/2000

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES' COMPENSATION CASE NO. 671 OF 2000

Coram: Deputy District Court Judge S.M. Sham in Court

Date of Trial: 16th April 2002

Date of Handing Down Judgment: 17th April 2002

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JUDGMENT

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1.This is an application made by Madam Lee Lin Ho on behalf of herself and the dependants of the deceased, Mr. Yeung Kam Shing, ( " the deceased") for compensation under Section 6 of the Employees' Compensation Ordinance.

Applicant's case

2."The deceased" was employed by the 1st respondent (R1) as a steel wallform worker to work on the construction site situate at Tin Shui Wai Area 102, Phase III (' the said site"). The 2nd respondent (R2) was the principal contractor of "the said site" and subcontracted part of the works to R1.

3.On 14th June 1999, whilst working on the 30th floor of a block under construction at "the said site", "the deceased" fell down to the ground floor and as a result sustained multiple injuries; he was certified death upon arrival of the hospital.

4."The deceased" was survived by his wife, Madam Lee Lin Ho, a daughter and a son who were wholly dependent on him. His parents as well as father- and mother-in-law, who were all retired ,were partially relying on the income of "the deceased" before the accident.

5."The deceased" was earning HK$32,500 for the month immediately preceding the accident.

Respondents' position

6.The Respondents did not challenge any of the evidence adduced by the applicant in support of her application. In fact, there is no dispute as to the liability nor quantum of the compensation.

Quantum of compensation

7.At the time of accident, "the deceased" was 35 years of age. According to section 6(1) (a) of the Ordinance, the amount of compensation would be 84 months' of the deceased's earnings or 84 times the amount specified in the second column of the Sixth Schedule (which is HK$ 21,000), whichever is the less. The amount of compensation, therefore, is 84 x HK$ 21,000 = HK$ 1,764,000.

Conclusion

8.Having considered the evidence adduced by the applicant, I am satisfied that " the deceased' sustained fatal injuries by accident arising out of and in the course of his employment with R1. Since R1 was the sub-contractor of R2, both Rs are liable jointly and severally to pay the compensation.

9.The orders that I make are as follows:

(a)	judgment be entered for the applicant for the sum of HK$ 1,764,000.00;
(b)	interest on the sum of HK$1,764,000.00 at 5.97 % (half judgment rate of 11.94 %) per annum as from the date of accident to the date of judgment and thereafter at judgment rate until payment;
(c)	costs of this action be to the applicant, to be taxed if not agreed. I shall make it an order nisi, such order will become absolute at the expiration of 14 days from the date of handing down judgment.
(d)	the judgment sum, interest and costs are to be borne by the 1st & 2nd respondents jointly and severally.

Representation:

Miss Kanas Wong of Messrs. Liu, Chan & Lam for the Applicant.Mr. Gary Chung instructed by Messrs. Cheng, Yeung & Co. for the 1st & 2nd Respondents.