Abdul Hamid J:

This is a claim for damages for personal injuries sustained by the plaintiff who was employed by the defendants as a bus-conductor. The plaintiff alleges that the injuries were caused by the negligence or alternatively by the breach of statutory duty of the defendants, their servants or agents. Briefly, the facts were that on 10 April 1966 the plaintiff while at work had a stroke as a result of which he suffered paralysis of the left half of his body. The plaintiff, 46 years old, was employed by the defendants since 1947 and was paid $8 per day. As a bus-conductor he had to sell tickets to passengers; look after the safety of passengers when boarding on and alighting from the bus; account for the fares collected; keep and maintain records of the tickets sold and to load and unload, passengers' luggage, vegetable baskets and bicycles on the hood of the bus.

The plaintiff in para. 3 of the statement of claim alleges that he had to work from 6.30 a.m. to 6.00 p.m. without a day of rest in a week, a total of 80 hours a week in breach of s. 58 of the Employment Ordinance, 1955. Counsel for the plaintiff contended that there was a breach of statutory duty on the