Law Man Kui Benny v Securicor Hong Kong Ltd

CourtDistrict Court (Hong Kong)
Judgment Date02 May 2003
Judgement NumberDCEC216/2002
Subject MatterEmployee"s Compensation Case
DCEC000216/2002 LAW MAN KUI BENNY v. SECURICOR HONG KONG LTD

DCEC000216/2002

DCEC 216/2002

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’COMPENSATION CASE NO. 216 OF 2002

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IN THE MATTER OF AN APPLICATION BETWEEN
LAW MAN KUI BENNY APPLICANT
AND
SECURICOR HONG KONG LIMITED RESPONDENT

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Coram: H.H. Judge Muttrie in Chambers

Date of Hearing: 23 April 2003

Date of Ruling: 2 May 2003

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Ruling

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1. The applicant claims compensation under sections 9, 10, 10A and 21(3) of the Employees' Compensation Ordinance for personal injury suffered by him in an accident on 19 May 2000. He avers that he was employed by the respondent as an ATM controller in charge of staff duties and that he suffered the injury in a road accident which happened whilst he was riding the respondent's motor cycle in the course of his employment.

2. The applicant claims to have suffered injuries to his right knee, left shoulder and abdomen. He was examined by the applicant's expert, Dr. Chun Siu Yeung, and the respondent's expert, Dr. Lee Po Chin. Dr. Chun estimates the loss of earning capacity at 7% and Dr. Lee at 3%. Both experts say that the applicant is capable of returning to his pre-accident employment.

3. By a Certificate of Assessment (Form 7) dated 2 August 2001, the Employees' Compensation (Ordinary Assessment) Board certified that a period of absence from duty from 19 May to 7 November 2000 was necessary as a result of the injury and that the applicant suffers a permanent loss of earning capacity of 3%. The applicant was dismissed by the respondent on the expiry of his sick leave in November 2000. I am told that he had no sick leave certificates after 7 November 2000.

4. The applicant now seeks specific discovery of

a. Flow charts, pamphlets, circulars and/or any other documents which show the career path of an employee such as the applicant.

b. Any documents containing particulars pertaining to the following

1. the monetary value of the "medical insurance" referred to in paragraph 6 of the "Terms and Conditions of Service" issued by [the respondent] including but not limited to the following:

a. the amount of premium paid by the respondent to its insurer for taking out this "medical insurance"

b. the extent of coverage provided in this "medical insurance";

c. quotation(s) of premiums supplied by any insurance company (including the respondent's actual insurer) to the respondent for the provision of this "medical insurance".

2. the monetary value of the "Employee Benefit Scheme" referred to in paragraph 21 of the "Terms and Conditions of Service" issued by the respondent including but not limited to the following:

a. documents showing the running costs of this "Employee Benefit Scheme" to the respondent;

b. details of benefits that this "Employee Benefit Scheme" provide to the applicant.

5. In fact paragraph 6 of the "Terms and Conditions of Service" refers, not to medical insurance, but to a free "medical service" which includes consultation and treatment, for all employees who have completed a probation period provided that they attend a company doctor appointed by the company.

6. The applicant says that that the documents relating to career path are relevant for the purpose of calculating the average rate of increase (or decrease) in earnings of other employees for the purpose of section 11(1A) and (1B) of the Ordinance. He says that the documents relating to the medical insurance and employee benefit scheme are relevant for the purpose of calculating earnings for the purpose of sections 9 and 10 of the Ordinance.

7. The respondent says that the applicant's earnings for the month immediately preceding the accident were greater than the maximum figure of $21,000.00 per month provided for by section 7(1)(a) and the Sixth Schedule, which is used for the purposes of calculating section 9 compensation, and therefore...

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