CPD Course:
Employees' Compensation
& Medical Negligence

Mr. Jackson Poon was called to the Hong Kong Bar in 1986.  He is experienced in dealing with civil and criminal cases.  In 1994 and 1995, he sat as a Deputy Magistrate for the Judiciary.  In 1995, he joined the then Legal Department (now Department of Justice) directly as a Senior Crown Counsel.  In 2006, he returned to private practice.  He is now in Cheng Huan Q.C., S.C.’s Chambers involved in civil cases and criminal litigation.  In August 2015, he sat as a Deputy District Judge.

Mr. Poon has handled numerous personal injury cases and has given many lectures on personal injury.  He has also handled cases involving Employees Compensation, Incorporated Owners disputes, Lands Tribunal trials, Trust, Commercial disputes, Sales of Goods, Manufacturing of Goods, Construction, Dishonoured Cheques, Defamation, Landlord and Tenant disputes, Conveyancing disputes, Employment disputes, Land disputes, Company matters and Judicial Reviews.  He has handled various criminal cases and he is a listed mediator of the Bar Association.

Various law lectures had been delivered by him for the University of Hong Kong, Hong Kong Polytechnic University, City University, Law Society, Butterworths, Police Detective Training School and Criminal Advocacy Courses of the Department of Justice.

I obtained LLB in 2004 from the University of Nottingham.  I obtained PCLL in 2005 from HKU.  I was called to the Bar in 2006.  I was one of those who designed the HKU PCLL personal injuries course in 2008 - 2009.  I was accredited as a general mediator in 2011 by HKIAC.  I obtained Masters in Counselling in 2012 from the University of Monash.  I received family mediation training from the Family Welfare Society.  I was accredited as a family mediator in 2013 by HKIAC.  I am a general and family mediator of the HKMAAL.  I am an editor of the LexisNexis Dispute Resolution module.  I am married with 2 kids.

As a barrister in 601 Dina House, I am often instructed to work on general civil and personal injuries cases.  I am also regularly instructed to conduct criminal trials and appeals.  As a mediator, I stay mindful to the legal and psychological aspects of the case.  People become angry or depressed due to legal disputes.  I think psychotherapeutic techniques are very helpful.

To provide the attendants with the law related to Employees’ Compensation claims and Medical Negligence claims, focusing on the liability of employers to pay Employees’ Compensation, the various heads of quantum of Employees’ Compensation and the cause of action and cases for Medical Negligence cases.  Dr. Eric Chak (a Orthopedic & Traumatology Specialist) will speak from the viewpoint of a medical expert and give you some tips in how to read medical reports as well.

• Introduction
• Liability
1. Liability to Pay Employees’ Compensation
2. Time Limit
3. Personal Injury by Accident
• Accident
• Arising Out of and In the Course of Employment
• Employment
4. Employee’s Compensation Assistance Fund Board
• Quantum
1. Compensation in Fatal Cases
2. Compensation in Non-fatal Cases
• Permanent Total Incapacity
• Constant Care and Attention
• Permanent Partial Incapacity
• Temporary Incapacity
• Medical Expenses
• Case Study
1. Chen Can Hui v. Lau Chung Ming DCEC 671/2006
2. 譚權光 v. 臧蘭英 DCEC 312/2006

• Negligence
• Contractual Duty
• Bolam Test
• Liability and Causation
• Informed Consent
1. Duty to Patients
2. Explanation to Patients
3. Emergency Treatment
• Risks
• Minors
• Unconscious or Mentally Incompetent Patients
• Limitation
• Who to Sue, the Doctor or the Hospital?
• Experts
• Alternative Remedies