FONG YAU HEI (Plaintiff suing by his next friend BONG PIT FONG) v GAMMON CONSTRUCTION LIMITED (1st Defendant)

Read the full judgment text of FACV 13/2007 on BabelCite. This FACV judgment was delivered on 27 April 2007 before Le Pichon JA, Cheung JA, Reyes J.

Civil procedure – leave to appeal to Court of Final Appeal – great general public importance – maritime law – limitation of liability – Convention on Limitation of Liability for Maritime Claims 1976 – personal injury on tugboat – Control of Exemption Clauses Ordinance Cap 71 – whether shipowner entitled to limit liability under Convention – whether section 7 CECO prohibits contractual limitation only – whether Ordinance and Convention constitute enactment under section 18(3) CECO – whether common law principle prohibiting limitation of employer's liability – whether shipowner must contract into Convention – application for leave to appeal granted – security for costs ordered – appeal to Court of Final Appeal later dismissed

Legal issues: Entitlement to limit liability under the Convention on Limitation of Liability for Maritime Claims 1976

Outcome: Leave to appeal to the Court of Final Appeal granted on the basis that the questions involved ought to be submitted to the Court of Final Appeal for decision by reason of their great general public importance.