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DCEC 400/2024
[2025] HKDC 1792
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
EMPLOYEES’ COMPENSATION CASE NO 400 OF 2024
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BETWEEN
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CHU WING NAM |
Applicant |
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and |
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TIANYANG LOGISTICS LIMITED |
Respondent |
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| Before: |
Deputy District Judge Ebony Ling in Court |
| Dates of Hearing: |
8 October 2025 |
| Date of Judgment: |
31 October 2025 |
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JUDGMENT
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A. INTRODUCTION
1. On 9 December 2022, whilst in the employment of the Respondent as a cross-border truck driver, the Applicant tripped and fell down when he was walking back to the Respondent’s truck (the “Accident”). The Applicant sustained injury to his right wrist as a result.
2. This is the Applicant’s application pursuant to the Employees’ Compensation Ordinance (Cap 282) (“ECO”) for compensation under sections 9, 10, and 10A thereof.
3. The Respondent did not take part in these proceedings. On 6 March 2025, interlocutory judgment was entered against the Respondent.
4. Before the court is the assessment of compensation and damages in these proceedings.
B. WITNESS AND EVIDENCE
5. The Applicant filed one witness statement for himself. He did not call any other witness. His evidence is consistent with contemporaneous documents, and he appears to be a credible and reliable witness. All medical reports were produced without calling the makers thereof.
C. THE APPLICANT’S INJURIES
6. As a result of the Accident, the Applicant suffered right distal radius fracture, resulting in right wrist pain, stiffness and weakness. On 28 December 2023, the Employees’ Compensation (Ordinary Assessment) Board (the “Board”) certified that his loss of earning capacity permanently caused by the injury was 0.5%. On review, the Board revised such percentage to 1% on 21 March 2024.
7. The Board also certified that the Applicant’s absence from duty in the period from 10 December 2022 to 6 June 2023 was necessary as a result of the injury, totalling 179 days.
8. Pursuant to section 16H of ECO, the certificate of assessment issued by the Board “… shall be admitted in evidence without further proof on its production in any court and … (ii) shall be evidence of the matters stated therein”.
D. THE APPLICATION
D1. The Applicant’s Earnings
9. The Applicant was employed by the Respondent since 29 August 2022.
10. For the purpose of section 11(1)(a) of ECO, I accept the Applicant’s evidence, which is supported by his salary record, transmission record and bank statement[1], that in November 2022, being the month immediately preceding the Accident, his monthly earning was $61,000/month.
D2. Section 9 Compensation
11. At the time of the Accident, the Applicant was aged 64. According to section 7(1)(c) of ECO, the amount of compensation should be assessed with reference to 48 months’ earnings.
12. The cap on monthly earnings in the Sixth Schedule to ECO applicable at the time of the Accident was $35,600.
13. In the premises, I consider that the proper sum under section 9 of ECO is $35,600/month x 48 months x 1% = $17,088.
D3. Section 10 Compensation
14. As certified by the Board, after the Accident, the Applicant was granted sick leave for a total period of 179 days.
15. The amount of compensation under section 10 of ECO is therefore $61,000/month x 179/30 months x 4/5 = $291,173.
D4. Section 10A Compensation
16. The Applicant claims a total sum of $1,740 as medical expenses under section 10A of ECO, out of which $1,660 is supported by documents. I allow a sum of $1,660 under section 10A of ECO.
D5. Summary
17. By reason of the above, the amount of compensation under sections 9, 10 and 10A of ECO are:-
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Section 9 |
$ 17,088 |
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Section 10 |
$291,173 |
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Section 10A |
$ 1,660 |
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$309,921
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18. The Applicant is entitled to interest at half judgment rate from the date of the Accident (ie 9 December 2022) to the date of this judgment and thereafter at judgment rate until payment in full.
19. I also make a costs order nisi that the Respondent do pay the costs of the Applicant (including all costs reserved, if any), to be taxed if not agreed.
20. The Applicant’s own costs to be taxed in accordance with the Legal Aid Regulations.
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( Ebony Ling )
Deputy District Judge
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Ms P. Cheung, of Mike So, Joseph Lau & Co., for the Applicant
The Respondent was not represented and did not appear
[1] According to the Applicant, he was adjudged bankrupt on 3 September 2014 and therefore could not and did not open a bank account. His monthly earnings were received into his son’s bank account.
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