The following cases were recently reported by the Hon Mr Justice Bokhary. See below for His Lordship’s remarks and observations by way of Editor’s Notes.

Swarnjit Kaur v Lo’s Cleaning Services Ltd [2023] 3 HKLRD 629 

“This case shows that while the mere foreseeability of a risk does not give rise to a breach of duty on an employer's part if the risk can be met by the taking of obvious precautions by employees, the employer would be liable if the system of work which it laid down made it impracticable for employees to take such precautions and still complete their work on time, and an employee was consequently injured in an accident.”

Lam Wai Ip (林偉業) v Secretary for Justice [2023] 3 HKLRD 808 

“Although it was unnecessary and premature at this stage to resolve the difference between Miazga v Kvello [2009] 3 SCR 339 and other authorities, the Court of Appeal helpfully drew attention to that matter.”

Edmund WH Chow & Co v Land Registrar [2023] 3 HKLRD 840 

“The foregoing holdings indicate the essential basis on which the learned Judge decided the case as he did. But for a complete appreciation of his decision, his statement of the factual and legal background to the case and his discussion of counsel's arguments should of course be studied.”