Tsang Kei-lung v. Lee Wing-shun

HCA001062/1980

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

ACTION NO. 1062 OF 1980

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Coram: Mr. Commissioner Wei, Q.C.

Date of Judgment: 14th October 1980

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JUDGMENT

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1. On the 24th June 1979 the plaintiff, a fortune teller, was about to drink a glass of tea in the Ng Mei Chai Restaurant in Temple Street, Kowloon when he was stopped by the defendant, a waiter in the restaurant. After an exchange of words the defendant assaulted the plaintiff.

2. This was no storm in a teacup, for the result of the attack was that apart from receiving some minor injuries on various parts of his body, the plaintiff became blind in his left eye.

3. On the 18th October 1979, the defendant was convicted of the offence of unlawfully and maliciously inflicting grievous bodily harm on the plaintiff. The defendant admitted the conviction in his Defence and did not seek to justify the attack at the trial.

4. On the evidence I am satisfied that the defendant is liable for these injuries sustained by the plaintiff.

Quantum

5. After the attack the plaintiff was admitted on the same day into the ophthalmic unit of the Queen Elizabeth Hospital. He was examined by Dr. POON Kwong-yam, P.W.3, whose diagnosis was that the left eyeball was ruptured and that the left eye had lost its function. An operation was performed the next day to repair the rupture but the left eye failed to recover any of its function and was aching.

6. On the 13th July 1979 a second operation was performed to eviscerate the left eye, i.e. to remove the contents of the eyeball so as to relieve the pain and prevent the right eye from being affected. The plaintiff was discharged from the hospital on the 17th July 1979.

7. Pain & suffering and loss of amenities. The plaintiff is 56 years old. Prior to the assault, he enjoyed watching the movies and television but has now lost all interest in doing so. The glass eye sometimes causes discomfort. The loss of the left eye has made him nervous. All in all this has been a most traumatic experience to him and he is likely to continue to suffer inconvenience indefinitely. On the authorities cited to me, Lo Shum v. Chan Chee-tak [1980] 10 HKLJ 104 and Lam Chung Chak v. Chan Wing Yin, High Court Action No. 617 of 1980, I would award the sum of $60,000 under this head.

8. Special Damages. I find the following proved:-

(1) Hospital fees. The plaintiff was in hospital for 23 days and paid $5 per day for his maintenance. The total amount is $115.

(2) Out-patient clinic fees. The plaintiff received follow-up treatment at the Yaumati Ophthalmic Centre. He paid some 30 visits and the fees were $2 per visit. The total amount is $60.

(3) Cost of the glass eye. The plaintiff paid $6,800 for the glass eye which was made in Japan.

(4) Travelling expenses for visits to the out-patient clinic. For 30 visits at $7 per visit, the total amount is $210.

(5) Loss of earnings. Counsel for the plaintiff during his final submission stated that the total amount under this head should be $8,000. There was ample evidence to justify this amount. The total loss of earnings is therefore $8,000.

9. There will be judgment for the plaintiff: (1) in the sum of $60,000 with interest thereon at the rate of 12% per annum for the period from the 5th March 1980 the date of the service of the writ to the date of judgment and (2) in the sum of $15,185 with interest thereon at the rate of 6% per annum for the period from the 24th June 1979 the date of the incident to the date of judgment. The plaintiff will also have costs of this action.

Representation:

S.M. Chan (Samuel Soo & Co.) for plaintiff

Defendant in person