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DCEC 1270/2023
[2025] HKDC 1227
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
EMPLOYEES’ COMPENSATION CASE NO 1270 OF 2023
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IN THE MATTER OF AN APPLICATION BETWEEN
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CAI CHANGBIAN (蔡長編)
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Applicant
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and
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TEMMEX ENGINEERING LIMITED
(天美工程有限公司)
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1
st
Respondent
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CR CONSTRUCTION COMPANY LIMITED (華營建築有限公司)
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2
nd
Respondent
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Coram:
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Her Honour Judge Phillis Loh (by Paper Disposal)
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Dates of Written Submissions by the Applicant:
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2 December 2024 and 27 June 2025
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Dates of Written Submissions by the 1
st
and 2
nd
Respondents:
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24 December 2024 and 27 June 2025
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Date of Decision:
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18 July 2025
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DECISION
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THE SUMMONS
1.
The Applicant (“
A
”) claims in this action against his employer as the 1
st
Respondent and the principal contractor as the 2
nd
Respondent (collectively “
Rs
”) for employees’ compensation under the Employees’ Compensation Ordinance (
Cap 282
) (“
ECO
”) in respect of an injury at work accident that he met on 21 April 2022 (“
Accident
”).
2.
A commenced this action on 6 June 2023. Rs made a sanctioned payment on 28 November 2023 in the sum of $655,000 (inclusive of interest but on top of advance payments totalling $574,651 already received by A) (“
SP
”) in accordance with O 22 r 3 of the Rules of the District Court (
Cap 336H
) (“
RDC
”). The payment was not accepted.
3.
By a summons filed on 5 September 2024 (“
Summons
”), A seeks:-
(i) Leave to A to accept the SP out of time; and
(ii) Costs of this action be paid by Rs to A, to be taxed if not agreed.
4.
Rs have no objection for A to accept the SP out of time, but oppose the proposed costs order. Whilst agreeing that Rs shall pay A’s costs of the action up to 27 December 2023, ie the deadline date of the 28-day prescribed period within which A could have accepted the SP without leave (“
Expiry Date
”), Rs argue that A should pay Rs’ costs, on an indemnity basis, incurred thereafter in this action.
5.
The only outstanding issue before this Court is thus costs liability after the Expiry Date of 27 December 2023.
6.
In support of the Summons, A filed an Affirmation of Yip Kam Shi on the date of the Summons. Rs filed an Affidavit of Lou Eileen in opposition on 28 October 2024 and A filed an Affirmation in reply on 4 November 2024.
7.
This Court has read the affirmations and affidavit filed by the parties and considered the written submissions of A’s counsel Mr Ronald Pang instructed by Messrs KCL & Partners, and those of Rs’ solicitors Messrs Deacons.
BACKGROUND/ PROCEDURAL HISTORY
8.
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