Khan Shafiq v. Cheng Hip Ming

DCEC1411/2006

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO. 1411 OF 2006

BETWEEN

Coram: His Honour Judge Chow in Chambers (Open to public)

Date of Hearing: 8 July 2008

Date of Judgment:  8 July 2008

J U D G M E N T

1.On 1 February, 2008 judgment relating to liability was entered in favour of the Applicant.  The outstanding matter which this court has to deal with is the amount of compensation payable under the Employees’ Compensation Ordinance, hereinafter referred to as “the Ordinance”, to the Applicant in respect of the injuries suffered by him on 12th July, 2005, arising out of and in the course of employment with the Respondent.  The accident occurred at the premises of No.9, Tan Shan Tsuen, Tsing Lang Shue, No.61/2 miles, Clear Water Bay Road, Sai Kung, N.T.   As a result of the accident, the Applicant suffered injuries at his back.  He was born on 22 June 1980.  At the time of the accident, he was 25 years old. 

2.According to Form 7,  loss of earning capacity is determined by the Employees’ Compensation Ordinary Board to be 4%.  But Dr Wong Kwok-shing assessed the same at 5%.  I adopt Dr Wong’s assessment because he examined and diagnosed the development of the Applicant’s situation after the assessment referred to in Form 7 had been made.  In other words, such information presents a fuller picture of the Applicant’s situation after the assessment made by the Ordinary Assessment Board.  But the information relating to what happened after such assessment is not before the Board which made the 4% assessment. 

Compensation under section 10 of the Ordinance

3.The Applicant was granted sick leave from 12.7.2005 to 19.5.2006 for a period of 10.26 months.  So he is entitled to a sum of $57,456 ($7,000 x 10.26 x 80%). 

Compensation under section 9 of the Ordinance  

4.The Applicant made an average monthly income of $7,000 as a labourer loading and unloading goods for the Respondent.  The compensation payable under section 9 is $33,600 ($7,000 x 96 x 5%).

5.Under section 10A of the Ordinance, the Applicant is entitled to $2,200 for the medical expenses incurred by him.

6.The total compensation payable to the Applicant is $93,256 ($33,600 + $57,456 + $2,200).  The Respondent gave him $700 since the date of the accident, so the total sum payable to the Applicant is $92,556 ($93,256 - $700).

7.I order that the Respondent is to pay, within 14 days from today, to the Applicant the sum of $92,556 with interests thereon at ½ judgment rate from 12.7.2005 up to today, and from 9th July 2008 onwards until satisfaction, the interest on the said sum of $92,556 is at judgment rate.  

(Discussion re costs)

8.Costs of this application be to the Applicant against the Respondent, to be taxed, if not agreed.  The Applicant’s own costs be taxed in accordance with Legal Aid Regulations.

Mr Clement, of Messrs Massie & Clement, for the Applicant

Respondent, in person, present