Than Wai v. Kong Chun Sing t/a Hop Hing Saw Mill

Case No.DCEC 263/2000

Court

District Court

Date05 Dec 2001

Judge—

Case Document

100%Judiciary

DCEC000263/2000

DCEC262-275&438/2000&222/2001

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES COMPENSATION CASE NO. 262 OF 2000

BETWEEN
	DAW AYE KYWE dependant for herself and other dependants of MAUNG CHIT AUNG, deceased	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 263 OF 2000

BETWEEN
	THAN WAI	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 264 OF 2000

BETWEEN
	MAUNG KHIN SOE	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 265 OF 2000

BETWEEN
	DAW TIN AYE dependant for herself and other dependants of MAUNG WIN THEIN, deceased	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 266 OF 2000

BETWEEN
	DAW AYE AYE THAN dependant for herself and other dependants of NAING LIN AUNG, deceased	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 267 OF 2000

BETWEEN
	U BA LA dependant for himself and other dependants of MAUNG MAUNG AUNG, deceased	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 268 OF 2000

BETWEEN
	DAW NYEIN AYE dependant for herself and other dependants of WIN NAING SOE, deceased	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 269 OF 2000

BETWEEN
	DAW CHIT YIN dependant for herself and other dependants of KYAW KYAW OO, deceased	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 270 OF 2000

BETWEEN
	MA TIN TIN dependant for herself and other dependants of MAUNG HLAING MYINT, deceased	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 271 OF 2000

BETWEEN
	DAW HNIN KYI dependant for herself and other dependants of MAUNG MIN DIN, deceased	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 272 OF 2000

BETWEEN
	DAW SU SU AUNG dependant for herself and other dependants of MYO THI HA ZAW, deceased	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 273 OF 2000

BETWEEN
	U THEIN AUNG dependant for himself and other dependants of WIN NAING, deceased	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 274 OF 2000

BETWEEN
	MA YIN NWE SOE dependant for herself and other dependants of AUNG HTET HTET, deceased	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 275 OF 2000

BETWEEN
	DAW KHIN SWE AUNG dependant for herself and other dependants of AUNG KYAW SOE, deceased	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 438 OF 2000

BETWEEN
	AIU HLA THEIN dependant for himself and other dependants of THAW SAN HTUT, deceased	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

EMPLOYEES COMPENSATION CASE NO. 222 OF 2001

BETWEEN
	MARIQUITA A. PONTECILLA dependant of ORLANDO F. PONTECILLA, deceased suing on her own behalf and on behalf of the other dependants of ORLANDO F. PONTECILLA	Applicant

	AND

	KONG CHUN SING trading as HOP HING SAW MILL	Respondent

Coram: H H Judge Carlson in Court

Date of Judgment: 5 December 2001

______________________

R U L I N G

______________________

1.There is no dispute about the various applicants here having been right to bring in Fortune Navigation SA as 1st respondent in these applications for employees' compensation. The only point that arises today is how that company is to be served.

2.It is, of course, a company registered at Monrovia, Liberia. Mr Kerry, who appears on behalf of all these applicants, submits that it would be good service to serve Fortune Navigation at their offices in Hong Kong and also by way of personal service on Mr Kong who is a director of that company. As against that, Mr Lau says no, that this is not the right route to take. First of all, they should be served at their offices in Liberia and an application should be made for an order for substituted service by serving at the address in Hong Kong and on their director. It seems to me that this would not be necessary in these circumstances. After all, what underlies these rules of service is the necessity to bring to the notice of a respondent or a defendant the proceedings that are being brought against them.

3.By doing what is proposed by Mr Kerry, that would be achieved and is, in my view, within the rules. So I will allow service in the way that Mr Kerry has indicated.

4.The respondents should have the costs of the amendment but the costs of today will be costs in the cause.

	Ian Carlson
	District Court Judge

Representation:

Present: Mr Christopher Kerry, of Crump & Co., assigned by the Director of Legal Aid, for the

Applicants Mr Peter Lau, of Ince & Co., for the Respondent