车辆租赁申请者须知事项.docVIP

DCEC314/2007 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION EMPLOYEES’ COMPENSATION CASE NO. 314 OF 2007 ------------------------ BETWEEN WONG WAI MING KEN Applicant and FTE LOGISTICS INTERNATIONAL LIMITED Respondent ------------------------ Coram: H H Judge Marlene Ng in Court Date of Hearing: 25th August 2008 Date of Handing Down Judgment: 27th August 2008 ------------------------ JUDGMENT ------------------------ I. Introduction The Respondent carried on business of express delivery service (“Business”). The Applicant claimed that on 18th May 2005 he was employed by the Respondent as an express delivery worker. At the material time, he was also the registered owner of a motorcycle bearing registration number LT1784 (“Motorcycle”). The Applicant claimed that in the morning of 18th May 2005 he drove the Motorcycle to work at the Respondent’s station office at Chun Tin Street, Hung Hom (“Hung Hom Station”). The Respondent assigned him to deliver documents from the Hung Hom Station to a customer in Yuk Yat Street, Tokwawan (“Destination”). At about 11:45am, the Applicant was riding the Motorcycle along the 1st lane of the eastbound carriageway of Bailey Street. He turned left into the 2nd lane of the northbound carriageway of Sung On Street towards Tokwawan. At that time a private vehicle bearing registration number LS3830 (“Car”) was travelling along the 1st lane of the opposite carriageway. Upon nearing Bailey Street, the Car made a U-turn into the opposite carriageway (ie the Applicant’s path) without ensuring clearance of its offside, and stopped in front of the Motorcycle. The Applicant immediately applied brake, but it was too late and a collision occurred between the Motorcycle and the Car (“Accident”). The Applicant fell to the ground and sustained injuries. He was taken to the accident and emergency department (“AED”) of Queen Elizabeth Hospital (“QEH”) for treatment. The Applicant claimed employees’ compensation f