WONG YIN PING v. RUNFUNG INTERNATIONAL CAREER (HONGKONG) LTD

LA/ECC/16774/2010(J23)

DCEC 861/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 861 OF 2012

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J U D G M E N T

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INTRODUCTION

1. This is an application of the applicant, Madam Wong Yin-ping, the widow of Yeung Che-wing, deceased (“the deceased”) for herself and the other members of the family of the deceased for employees’ compensation under sections 6(1)(c) and 6(5) of the Employees’ Compensation Ordinance, Cap.282 (“ECO”).

2. The application arose out of a fatal accident which killed the deceased on 5 August 2010 (“the accident”).  The deceased was employed by the respondent as a general worker cum watchman at a waste recycling yard (“the yard”) at Lau Fau Shan, Yuen Long, New Territories.  At the time of the accident, the deceased was operating a forklift truck to pull down a tree inside the yard.  The forklift truck toppled over and trapped the deceased between the driving cabin’s frame and the ground.  The deceased was in an unconscious state when he was moved out from the toppled forklift truck.  He was certified dead upon arrival at the hospital.

3. The respondent did not turn up at the 2 directions hearings held on respectively 30 November 2012 and 1 February 2013.  The respondent did not file or serve any Answer, list of earnings, list of documents or witness statement in these proceedings.

4. Pursuant to the order of His Honour Judge Kent Yee dated 1 February 2013, judgment on liability has been entered against the respondent. The present hearing is only concerned with assessment of the appropriate compensation to be awarded to the applicant.  The respondent is absent at the hearing and hence the applicant’s evidence is not being challenged at all.

THE DECEASED AND HIS FAMILY MEMBERS

5. The deceased was born on 27 October 1950 and aged 59 at the time of the accident.

6. As of the date of the accident, the deceased was survived by the following family members: 

(1)  Wong Yin-ping - 黃燕萍 - wife of the deceased, aged 49 at the time of the accident, aged 52 at present.

(2) Yeung Shuk-man - 楊淑汶 - daughter of the deceased, aged 24 at the time of the accident, aged 26 at present.

(3)  Yeung Lun-mun - 楊倫滿 - son of the deceased, aged 16 at the time of the accident, aged 19 at present.

(4) Yeung Kan - 楊根 - father of the deceased, aged about 96 at the time of the accident, aged about 98 at present.

(5) Tang Ho - 鄧好 - deceased, mother of the deceased, aged about 87 at the time of the accident, died on 11 October 2010. 

QUANTUM 

Section 6(1)(c) of the ECO

7. I accept that the deceased’s monthly earnings prior to the accident was about HK$12,000 per month.  Upon hearing the evidence of the applicant and Yeung Lun-mun, the son, I am satisfied that the following has been proved at the assessment hearing:

(1) the deceased was employed by the respondent as a general worker cum watchman in around April 2010 (i.e. he had worked for the respondent for about 4 months prior to the accident).  His job duties included handling, packing and unpacking waste materials, operating forklift truck and staying overnight at the yard as a watchman; and

(2)  the deceased’s basic salary was HK$9,000 per month.  Further, for packing or unpacking each container of waste materials the deceased was paid additional remuneration of about HK$400 to HK$500 per container. Total income of the deceased was no less than HK$12,000 per month.

8. Therefore, the compensation under section 6(1)(c) of the ECO is HK$432,000 computed as follows:

HK$12,000 x 36 = HK$432,000.

Section 6(5) of the ECO

9. The applicant has proved at the assessment hearing that she and her family paid a total sum of about HK$40,568 as the deceased’s funeral expenses.  The applicant is entitled, under section 6(5) of the ECO, to funeral expenses in the amount of HK$35,000 (statutory maximum as at the date of the accident).

10. Therefore, I order that the respondent do pay the applicant the total compensation of HK$467,000 under the ECO. 

Other Orders

11. Interest is allowed at half judgment rate on the said sum of HK$467,000 from the date of the accident to the date of the assessment hearing and thereafter at judgment rate until payment in full.

12. The costs of these proceedings be paid by the respondent to the applicant.  The applicant’s own costs be taxed in accordance with the Legal Aid Regulations.

Apportionment 

13. I further order that the apportionment of compensation and interest under section 6A and the 7th Schedule of the ECO should be calculated as follows: 

(1) 45% to Wong Yin-ping, widow of the deceased. 

(2) 22.5% to Yeung Shuk-man, daughter of the deceased. 

(3)  22.5% to Yeung Lun-mun, son of the deceased. 

(4)  10% to Yeung Kan, father of the deceased.

14. Under section 12(2)(c) of the ECO, the legal personal representative of Madam Tang Ho, the deceased’s mother, has no right to payment of compensation, as Madam Tang Ho has died prior to this assessment hearing.

15. Lastly, I thank Ms Vivian Lam for her very helpful written submissions and the efficient presentation of her case at the hearing.