WONG YIU FAI v. TUNG CHING HONG TRADING LTD

DCEC 195/2025

[2026] HKDC 1133

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 195 OF 2025

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ASSESSMENT OF COMPENSATION

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A.  INTRODUCTION

1.  On 17 February 2023, while employed by the Respondent as a manual worker, the Applicant fell when a stand suddenly collapsed (the “Accident”). He sustained an injury to his right wrist as a result.

2.  The Applicant claims compensation under sections 9, 10, and 10A of the Employees’ Compensation Ordinance (Cap 282) (the “ECO”).

3.  The Respondent did not participate in these proceedings. Interlocutory judgment was entered against the Respondent on 27 March 2026, leaving only the assessment of compensation before the court.

B.  WITNESS AND EVIDENCE

4.  The Applicant filed his own witness statement and relied on a medical report without calling the maker. No other witnesses were called.

C.  THE APPLICANT’S INJURIES

5.  The Applicant suffered a right wrist injury from the Accident, resulting in pain and weakness. On 26 February 2025, the Employees’ Compensation (Ordinary Assessment) Board (the “Board”) certified his permanent loss of earning capacity caused by the injury at 1%. Upon review on 4 June 2025, the Board revised this assessment to 1.5%.

6.  The Board also certified the Applicant’s absence from duty from 17 February 2023 to 21 May 2025 (totaling 825 days) as necessary due to the injury.

7.  Pursuant to section 16H of the ECO, the Board’s certificate of assessment “… shall be admitted in evidence without further proof on its production in any court and… shall be evidence of the matters stated therein”.

D.  THE APPLICATION

D1.  The Applicant’s earnings

8.  The Applicant was employed by the Respondent from 25 October 2022 to 31 July 2023. I accept the Applicant’s case that his monthly salary was $34,800 ($36,300 less $1,500). This is corroborated by the Notice by Employer of the Death of an Employee or of an Accident to an Employee Resulting in Death or Incapacity (Form 2) filed by the Respondent on 22 August 2023.

D2.  Section 9 Compensation

9.  At the time of the Accident, the Applicant was 48 years old. Under section 7(1)(b) of the ECO, the compensation amount for this age bracket is assessed using a multiplier of 72 months’ earnings.

10.  Given the Board’s assessment of a 1.5% loss of earning capacity, the proper compensation under section 9 of the ECO is calculated as follows: $34,800/month x 72 months x 1.5% = $37,584.

D3.  Section 10 Compensation

11.  The Board certified a total of 825 days of sick leave following the Accident. Although the Applicant stated that he was granted further sick leave until 2 July 2025, this lacked supporting medical certificates. At the hearing, the Applicant confirmed he is only claiming the certified 825 days.

12.  The Applicant agreed to give credit for the salary received from 17 February 2023 to 31 July 2023 (totaling 165 days). I therefore allow a total of 660 days (825 less 165 days) for the purposes of section 10.

13.  The compensation under section 10 of the ECO is calculated as follows: $34,800/month x 660/30 months x 4/5 = $612,480.

D4.  Section 10A Compensation

14.  The Applicant received treatment and attended consultations at Union Hospital on 20 various dates, incurring total medical expenses of $75,555. Acknowledging the daily cap under Schedule 3 of the ECO, the Applicant reasonably limits this claim to $6,000.

15.  Accordingly, I allow $6,000 under section 10A of the ECO.

D5.  Summary

16.  The Applicant agrees to give credit for an advance payment of $22,500 previously received from the Respondent.

17.  Based on the above, the final compensation under sections 9, 10 and 10A of the ECO is:-

Section 9	$37,584
Section 10	$612,480
Section 10A	$6,000
Less	($22,500)
Total:	$633,564

18.  The Applicant is entitled to interest on the awarded sum at half judgment rate from the date of the Accident (ie 17 February 2023) to the date of this judgment, and thereafter at judgment rate until payment in full.

19.  I make a costs order nisi that the Respondent pay the costs of the Applicant (including all costs reserved, if any), to be taxed if not agreed. The Applicant’s own costs are to be taxed in accordance with the Legal Aid Regulations.