法律援助署五十周年紀念特刊 | Legal Aid Department 50th Anniversary Commemorative Publication

法援服務、關愛惠民 Legal Aid for the People P.64 非法勞工受傷可酌情獲得賠償 Injured illegal workers couldbe eligible for compensationat discretion 申請人：于濃仙 Appellant: Yu Nongxian 答辯人：吳家穎（第一答辯人） | 僱員補償援助基金管理局（管理局）（第二答辯人） Respondents: Ng Ka Wing (1st Respondent) | Employees Compensation Assistance Fund Board (Board) (2nd Respondent) 上訴法院判決日期：2007年9月6日 Date of Court of Appeal Judgment: 6 September 2007 類別：人身傷害 Category: Personal injuries 個案重溫 Case Study 相關爭議 ． 2002年6月2日，一名內地人（死者）於土瓜灣一 單位進行外牆的安裝和拆卸工作時，從高處墮下死 亡。死者是一名持雙程證入境的旅客，逗留條件是 不得在香港受僱從事任何工作。 ． 由於第一答辯人沒有購買保險，管理局加入成為 第二答辯人。 ． 然而，由於由申請人代表的死者家屬未能證明死 者受僱於第一答辯人，區域法院法官駁回申請人 的申索。 ． 申請人向上訴法庭提出上訴。 Dispute ． On 2 June 2002, a mainlander (the deceased) plunged to his death from the external wall outside a flat in To KwaWan while he was engaged in installation and demolition work at the time. The deceased was a visitor having gained entry to Hong Kong on a two-way permit and it was a condition of his stay that he should not be employed for any kind of work in Hong Kong. ． Since the 1st Respondent was not insured, the Board was joined as 2nd Respondent. ． However, since the family members of the deceased, who were represented by the Applicant, had failed to prove that the deceased had been employed by the 1st Respondent, District Judge dismissed the Applicant’s claim. ． The Applicant appealed to the Court of Appeal. 民事上訴案件2006年第270號 CACV No. 270 OF 2006