Yang Fook v Ng Chung Kuen

Court:District Court (Hong Kong)
Judgement Number:DCEC27/1971
DCEC000027/1971 YANG FOOK v. NG CHUNG KUEN

DCEC000027/1971

IN THE DISTRICT COURT OF HONG KONG

HOLDEN AT VICTORIA

CIVIL JURISDICTION

WORKMEN'S COMPENSATION CASE NO. 27 OF 1971

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YANG Fook also known as YEUNG Fook Applicant
and
NG Chung Kuen Respondent

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Coram: D. Cons, D.J.

Date of Judgment:

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JUDGMENT

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1. In this action for workmen's compensation I gave my decision and the reasons therefor verbally at the close of the day but intimated that I would, if so requested, reduce those reasons to writing. That request has now been made by the Applicant.

2. Two questions fall to be decided: does the applicant's present condition arise from an accidental slip while actively working on board the respondent's fishing junk or, if not, nevertheless is it still the result of an accident arising out of and in the course of his employment?

3. The first question is one of simple material fact. The Applicant's evidence is that while storing the freshly caught fish in the icehold of the junk he slipped, falling and injuring his head. This is in direct contradiction to the evidence of 3 other persons on board at the time who say in effect, although not in these precise words, that the Applicant suffered a stroke while having a late night snack on deck after the storing of the catch had been fully completed. One of those three is the Respondent and the other two continue to work for him. The Respondent is not insured for possible liability from the incident. It is easy to see the temptation to which he and his employees may therefore be subject. But on the other hand the Applicant may not be immune from a similar kind of temptation. The 2 sailors, particularly Lun Kwok Lai struck me as honest and reliable witnesses and had the matter rested there despite there being some inconsistencies in the evidence adduced for the Respondent, I would, I think, in any event have accepted their evidence in preference to that of a man whose memory may have been affected by what he claims to have been a loss of consciousness for 4 days. But the evidence of Dr. Tso, taken de bene esse by the Deputy Registrar some 2 weeks before the trial, disposes of any hesitation that I might perhaps otherwise have held.

4. I find therefore as a fact that the Applicant's present condition is the result of a stroke that he...

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