ROY MAHESH J. v. CHAN MARGARET trading as KUEN’S HOTPOT

DCEC 745/2025

[2026] HKDC 1332

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 745 OF 2025

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IN THE MATTER OF AN APPLICATION BETWEEN

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JUDGMENT

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The Application

1.  The Applicant applies for employee’s compensation pursuant to sections 9, 10 and 10A of the Employee’s Compensation Ordinance, Cap. 282 (“ECO”) in relation to an accident he met in the course of employment on 11 May 2024. The Respondent has all along been absent in these proceedings. Interlocutory judgment on liability was entered against the Respondent on 17 April 2026.

The Accident

2.  The Applicant was employed by the Respondent as a chef in Kuen’s Hotpot, situated at Shop Nos 28, 29, 45 & 50, 1^st Floor, Tsun Yip Cooked Food Market, No 67 Tsun Yip Street, Kwun Tong, Kowloon. In the morning of 11 May 2024, the Applicant was instructed to use a chopper to peel garlic. In the course of performing such task, the Applicant accidentally cut his left index finger. He attended the Accident & Emergency Department of United Christian Hospital (“UCH”) for medical treatment (“the Accident”).

Injuries

3.  According to the medical report of Dr Shum Kin Kai of the Department of Accident & Emergency of UCH dated 26 June 2024, the Applicant was diagnosed with superficial laceration of finger. Upon examination, there was tissue loss of 1 cm in diameter involving part of the lateral nail over the lateral tip of left index finger. The wound was bleeding mildly.

4.  According to the medical report of Dr Raymond Lee of Conrad Medical Centre dated 19 June 2024, the Applicant visited his clinic on 14 May 2024 and complained of persistent left index finger pain and was unable to attend his usual work duty. X-ray examination taken on 16 May 2024 revealed a small undisplaced crack fracture at the fingertip.

5.  According to the medical report of Dr Tse Wing Lim of the Department of Orthopaedics & Traumatology of Prince of Wales Hospital dated 3 October 2024, the Applicant’s wound healing was in progress upon follow up on 7 June 2024, and he felt weakness over his left index finger. On 30 August 2024, his left index finger healed completely with full range of motion. He could tap on table without apprehension despite feeling weakness.

6.  The Applicant was granted sick leave for the period from 11 May 2024 to 26 March 2025 (both dates inclusive), totaling 320 days.

7.  According to the Form 9 dated 23 July 2025, the Applicant’s loss of earning capacity was assessed at 1.5%. No appeal has been filed against such assessment.

The Applicant’s earnings

8.  According to the Applicant, his monthly earnings at the time of the Accident were HK$25,000.00. He had started working there since early May 2024 but cannot remember exactly when. He was paid in cash and there is no documentary proof of his monthly salary. Given that there is no contrary evidence in the present case and that the sum seems reasonable for a chef in a restaurant, I accept the Applicant’s contended figure.

Section 9

9.  At the time of the Accident, the Applicant was 64 years old. The applicable multiplier would be 48 months. The award under this head should be :-

HK$25,000 x 48 months x 1.5% = HK$18,000.00

Section 10

10.  A total of 320 days of sick leave were granted to the Applicant as a result of his injury. The period of sick leave was certified to be from 11 May 2024 to 26 March 2025 in Form 9. The Applicant claimed for statutory periodic payments for the whole period. However, when he testified in court, he confirmed that he had in fact started working for another employer as a head chef in an Indian restaurant since mid-January 2025. In light of that, I would only allow the award under this head up to mid-January 2025. The Applicant’s s.10 award should be :-

HK$25,000 x 250/30 x 4/5 = HK$166,666

Section 10A

11.  The Applicant claims a total sum of HK$237 under this head. Pursuant to section 10A(1) of the ECO, I allow this head of claim.

Total amount of compensation

12.  As such, the total amount of compensation is:-

HK$(18,000 + 166,666 + 237) = HK$184,903

Interests

13.  The Applicant is entitled to interest on the total amount of compensation at half judgment rate from date of accident to date of judgment.

14.  I make an order nisi that the Applicant is entitled to costs of the assessment, including any costs reserved, with certificate for counsel, to be taxed if not agreed. The Applicant’s own costs be taxed in accordance with the Legal Aid Regulations. The said order shall become absolute unless the parties apply to vary the order nisi by summons within 14 days from the date hereof.