Cheung Chak Fui v. Sun Hing Organization Plastic Management Ltd and Another

HCPI 91/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES ACTION NO. 91 OF 2008

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BETWEEN

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Before: Hon Au J in Court

Dates of Trial: 19 to 21 October 2010, 3 December 2010 & 29 June 2011

Date of Judgment: 30 September 2011

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CORRIGENDUM

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1.Paragraph 44 should read as follows:

“Sun Hing has called Mr Ip, Mr Lau, Mr Lin and Mr Ngai to give evidence in support of its case.”

2.Paragraph 46 should read as follows:

“Under this issue, the evidence of Mr Ip, Mr Lau, Mr Lin and Mr Ngai are in summary as follows:”

3.Paragraph 46(6) should read as follows:

“It is Mr Ip’s Lau’s evidence² that after this separation of duties, Mr Cheung and Mr Zhou no longer had any direct work relationship and Mr Zhou was no longer a subordinate to Mr Cheung.”

4.Footnote 2 should read as follows:

“See Mr Ip’s first Lau’s witness statement at paragraph 7 12.”

5.Paragraph 49(1) should read as follows:

“(1) Under the separation of duties, matters concerning the collection of refuse and recycling of materials were supposed to be under the responsibilities of Mr Zhou not Mr Cheung. Moreover, as Mr Ip’s Lau’s evidence said, since the implementation of the separation of duties, Mr Cheung and Mr Zhou no longer had any direct work relationship and Mr Zhou was no longer subordinate to Mr Cheung³.”

6.Footnote 3 should read as follows:

“See paragraph 12 7 of Mr Lau’s Ip’s witness statement: “因張周兩人的不和，劉伯珊已於2005年3月9日重新安排了兩人的實際工作範圍，從此兩人已非從屬更無直接工作聯繫，只是張不時提出解僱周的要求而已。”

7.Paragraph 54 should read as follows:

“For the above reasons, I reject the evidence of Mr Ip, Mr Lau, Mr Lin and Mr Ngai that there was the decision and implementation of the separation of duties by Sun Hing. I accept the evidence of Mr Cheung and Mr Zhang that there was never such decision.”