THE UNIVERSITY OF HONG KONG

FACULTY OF LAW - DEPARTMENT OF PROFESSIONAL LEGAL EDUCATION

Employment Law & Practice PCLL8112
2022-2023

LG6 – Liabilities in employment

Dates and format of LG

Date: Thursday, 5 January 2022

Format: Hybrid: 11/F CCT and Zoom

Topics

Module 1 – Civil liability

Module 2 – Statutory occupational health and safety

Lecturer

Darcy Davison-Roberts dldavrob@hku.hk

Activities

For LG6 students are to:

1. Read this Lecture Outline

2. Complete the readings set out below under the heading ‘Preparation before LG –
Required Reading’

Objectives

Module 1 - Civil liability

To review the basic principles of the law of torts, as applied in the context of employment
claims.

Module 2 – Statutory occupational health and safety

To introduce to students the institutional and legislative framework that regulates

occupational health and safety in Hong Kong.

1
Preparation before LG

Required reading

NOTE: students are not expected to read the following ordinances fully but should
skim their contents prior to the LG and have them on-hand during the LG at which
time the key provisions will be highlighted and reviewed.

• Factories and Industrial Undertakings Ordinances (Cap 59) (FIUO)

• Occupational Safety and Health Ordinance (Cap 509) (OSHO)

• Labour Department, A Brief Guide to the Occupational Safety and Health

Ordinance (can be found on Moodle Course page)

• Labour Department, A Guide to the Factories and Industrial Undertakings

Ordinance (Section 6A & 6B) – Know Your General Duties, 2011 (can be
found on Moodle Course page)

Further reading

• Glofcheski, Rick and F Aslam, Employment Law and Practice in Hong Kong 2
ed. (Hong Kong: Sweet & Maxwell, 2016). Chapters 9-10.

*CAN BE ACCESSED ON THE RESERVE SHELF IN THE LAW LIBRARY OR ONLINE VIA
WESTLAW (LINK IS LOCATED ON THE MOODLE COURSE PAGE READINGLIST@HKUL)

Key case list for LG6

Civil liability - duty of care

Jerry Chen v Whirlpool (Hong Kong) Ltd (2007) 10 HKCFAR 619

Tam Kam Fai v Michael J Design Ltd (unreported, HCPI 347/2005, 31 July 2006) (CFI)

Lee Wai Man, Wendy v Wah Leung Finance Limited [2004] 1 HKLRD 1023 (CFI)

Lee Tin Yeung v Chiu Chow Association Secondary School [2002] HKEC 1086

Vicarious liability

Ming An Insurance Co. (HK) Ltd v Ritz-Carlton Ltd (2009) 112 HKCFAR 158 (CFA)

Breach of statutory duty

Lonrho Ltd v Shell Petroleum Co Ltd (No 2) [1982] AC 173 (Eng CA)