Hiking-death widow wins $1.9m on appeal

Responsibility for the death of a philanthropist's personal assistant during a hike in the mainland had to be shared, appeal judges ruled yesterday.

The Court of Appeal overturned a judge's decision to refuse compensation to Wong Kit-chun for the death of her husband, Cheung Chung-wai. It awarded her more than $1.9 million, minus $591,900 in employee compensation Ms Wong has already received..

Ms Wong, 55, would have been awarded $2.4 million if not for the court's finding that Cheung, 46, was partly liable for his fall on White Goose Ridge, Huangshan, Anhui province.

During the pre-dawn walk on October 25, 1993, Cheung stumbled over a ditch and died from neck injuries three weeks later. 'The deceased as an experienced mountain trekker should have appreciated and foreseen the risk involved . . . without adequate illumination,' Mr Justice Woo Kwok-hing said.

Cheung accompanied his boss Zai Chung-ling, ex-chairman of Yan Chai Hospital, and four others on the trip. The party of six shared three torches.

With Mr Justice Anthony Rogers and Mr Justice Michael Burrell, the judge held Cheung 20 per cent liable. Overturning Deputy Judge Susan Kwan's ruling in the Court of First Instance in March which dismissed Ms Wong's claim, the judges said Mr Zai was 80 per cent responsible as he breached his duty as an employer to ensure adequate light.