In Lo Ho Yin v Phoenix Satellite Television Company Limited [2020] HKDC 615, DCPI 2474/2018, an ex-employee of a television company sustained eye injuries from being hit by his ex-colleague in the course of his employment with the television company (the “Company”). The District Court held that neither the company nor the Plaintiff’s colleague was negligent in causing his injuries. The Plaintiff’s claim was therefore dismissed.

With the number of infections and death toll climbing in mainland China and Hong Kong, as well as over the globe, the Novel Coronavirus is turning into a major global public health crisis. On 30 January 2020, World Health Organization has declared a global public health emergency over the spread of the Novel Coronavirus. In Hong Kong, on 25 January 2020, the Chief Executive has raised the response level to Emergency under the “Preparedness and Response Plan for Novel Infectious Disease of Public Health Significance”. Further, on 28 January 2020 and 31 January 2020, Hong Kong Government announced that, except for staff of the departments providing emergency and specified public services, all other employees of the Government are not required to return to the offices but to work at home from 29 January 2020 to 9 February 2020. The government also appealed to private organizations to make similar arrangement to reduce the risk of the spread of Novel Coronavirus. Whilst some employees can work at home under the flexible working arrangement, some employees still have to go to offices to work in the absence of such arrangement or due to the nature of the work. Employees in some of the industries may even be at a higher risk of infection because of frequent contacts with suspected cases of Novel Coronavirus and people coming from mainland China and different countries, for example people working in hospitals, clinics, immigration areas, hotels and transportation hubs. This article will discuss whether employees can claim against their employers for getting infected of Novel Coronavirus during work or travel between place of residence and place of work.

In Pak Sai Ming v JV Fitness Ltd [2019] HKCFI 2268, the plaintiff claimed against his employer for damages for personal injuries arising from a slip at a staircase during the course of work. The case took place at one of the fitness centres operated by the defendant located in a commercial building. Mr Pak was employed at the Fitness Centre as a Fitness Manager immediately before the accident.