When Subjective Pain Meets Objective Medical Proof: A Review of the Recent CFI Judgments in Tang Ka Wing [2025] HKCFI 5253 and Lam Wa Yung [2025] HKCFI 4870
Personal Injuries
Two recent judgments of the Court of First Instance — Tang Ka Wing v Gold Sunflower Engineering Limited and Another [2025] HKCFI 5253 and Lam Wa Yung v Kam Yui and Others [2025] HKCFI 4870 — highlight the importance of objective medical evidence in cases involving subjective complaints of significant pain and substantial damages claims.
Tang Ka Wing v Gold Sunflower Engineering Limited and Another [2025] HKCFI 5253
The 43-year-old Plaintiff sustained a crush injury to his right index finger in a workplace accident for which liability was admitted. He alleged persistent needle-like pain and numbness requiring daily painkillers and claimed damages exceeding HK$4.5 million.
The Court focused on objective medical evidence. Records indicated early improvement; MRI scans revealed no structural damage; and grip strength testing suggested possible manipulation. Given the nature and extent of the injury, the Court held that the previous employees’ compensation of HK$347,756 sufficiently covered the Plaintiff’s loss and dismissed the claim.
Lam Wa Yung v Kam Yui and Others [2025] HKCFI 4870
The 54-year-old Plaintiff claimed that concrete debris struck his eyes during work, ultimately causing a left retinal detachment diagnosed more than two months later, resulting in blindness in that eye and persistent pain. He sought damages exceeding HK$4.8 million
Although the Defendants admitted negligence for failing to provide protective eyewear, the Court rejected the Plaintiff’s case on serious injury. His accounts of the accident were inconsistent and contradicted by medical records. Joint ophthalmic experts agreed that the retinal detachment was more consistent with degenerative changes than trauma and raised doubts on the authenticity of the Plaintiff’s alleged eye conditions.
The Court found that the Plaintiff failed to prove causation and had exaggerated his post-accident symptoms. Considering the nature of the injuries, the Court concluded that the previous employees’ compensation of HK$320,600 was sufficient and dismissed the claim.
Takeaway
In personal injuries litigation, a plaintiff’s case on quantum will always be tested against objective and contemporaneous medical evidence. As Bharwaney J observed in Hung Sau Fung v Lai Ping Wai and Another [2012] 1 HKLRD 1 at [45], “[p]ain is subjective and it is for the court to assess the evidence of the injured person and come to a finding whether or not he is indeed suffering from pain and, if so, the nature and extent of that pain”. Claimants should be reminded that a coherent narrative supported by objective documentation is essential.
Simon Wong, instructed by Johnson Stokes & Master in Tang Ka Wing v Gold Sunflower Engineering Limited and Another [2025] HKCFI 5253, and William Lee and Associates in Lam Wa Yung v Kam Yui and Others [2025] HKCFI 4870, acted for the successful Defendants in both cases.
Sabina Sui provides her analysis on the judgments.
Simon Wong
“Simon is an exceptional lawyer and he is extremely thorough. His advice is always clear and practical, and he is definitely one of the leading senior juniors in this area.”
Legal 500 Asia-Pacific 2026, Commercial Disputes, Labour and Employment — Leading Juniors
Simon is a dual-qualified lawyer, called to the Hong Kong Bar in 2007 and the California Bar in 2020.
He specialises in personal injuries law, and has advised on numerous cases involving a wide range of matters, including catastrophic injury, workplace accidents, medical negligence, public liability claims, traffic accidents, and industrial disease. His experience representing both claimants and defendants – among them over 30 local and international insurance companies – has provided him with insight across the spectrum of litigation.
In addition to his litigation practice, Simon has been actively engaged in mediation since obtaining accreditation in 2008. He has mediated over 200 disputes involving diverse subject matter.
Simon served as a Deputy District Judge in 2025, and Deputy Adjudicator of the Labour Tribunal in 2024 and 2025, reflecting his ongoing commitment to public service and the administration of justice.
Visit Simon’s profile for further details.
Sabina Sui
Sabina was called to the Bar after completing her pupillage with Mr Robert Pang SC, Mr Simon Wong, Mr Jeffrey Tam and Mr Albert NB Wong. She graduated from the University of Hong Kong, where she obtained her LLB and PCLL (Distinction). She later earned her LLM with Distinction in Human Rights Law Specialism from the London School of Economics and Political Science.
During her studies, Sabina received various scholarships and awards, including the Personal Injuries Elective Prize and the Haldanes Prize in Criminal Litigation.
Sabina is developing a broad practice in general civil litigation, with a particular interest in personal injuries and public law matters. She is fluent in English, Cantonese and Mandarin, and accepts instructions in all areas of work.
Find out more from Sabina’s profile.
This article was first published on 1 December 2025.
Disclaimer: This article does not constitute legal advice and seeks to set out the general principles of the law. Detailed advice should therefore be sought from a legal professional relating to the individual merits and facts of a particular case. The photographs which appear in this article are included for decorative purposes only and should not be taken as a depiction of any matter to which the case is related. The views and opinions expressed in this article/material are solely those of the members authoring it and do not necessarily reflect the official policy or position of Denis Chang’s Chambers, or of any other member or members of Denis Chang’s Chambers.