Lee Ching Lan v. The Church of Chinese Christian of Kei Ching School

DCEC000747/1999

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES COMPENSATION CASE NO. 747 OF 1999

Coram: H H Judge Carlson in Chambers

Date of Judgment: 12 April 2001

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R U L I N G

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1. This is an application to extend the period of periodical payments payable to the applicant beyond the 2 year period.

2. The history of the matter is this, that the applicant had an accident on 5 November 1997. The matter was assessed by the Employees' Compensation Ordinary Assessment Board initially on 28 July 1999 when they determined that there was a loss of earning capacity permanently caused by the injury at 5 per cent and they certified a period of absence from 18 December 1997 until 3 January 1999 and thereafter from 6 January 1999 to 1 May 1999.

3. There was an appeal against that assessment. The matter was reconsidered and the loss of earning capacity permanently caused by the injury was increased to 7 per cent and a further period of enforced absence from duty was added to run from 31 August 1999 to 27 October 1999. That review is dated 10 November 1999.

4. It is said that in the absence of any appeal against that review that the matter is conclusive and that the judge is not entitled to go behind that. Authority for that proposition is to be found in the case of Ng Ming-chong v Mass Transit Railway Corporation [1997] 3 Hong Kong Cases at 413, a decision of the Court of Appeal. The reasons appear in the judgment of Le Pichon J (as she then was).

5. The applicant has in fact been paid periodical payments for the whole of the 2 year period, a sum of $185,812.27, and in the absence of any appeal from that review, I take the view that I can go no further and in those circumstances this application must stand dismissed.

6. Application refused with costs to the respondents.

Representation:

Present: Mr Cheung C C, of Francis Kong & Co., for the Applicant

Mr Brian Ng, of Messrs Tsang, Chan & Wong, for the Respondent