Relief as judge rejects student's eye-loss claim

'Any other decision would have placed a burden on schools'

Educators have expressed relief that a High Court judge this week threw out damages claims against a secondary school over a student's loss of use of an eye.

Legal experts say the ruling gives a clearer definition of the extent of duty of care schools owe to students and the level of supervision they should reasonably be expected to provide.

Chan Kin-bun, 18, brought the civil case against his classmate Wong Sze-ming and former school, Carmel Alison Lam Foundation Secondary School, Kwai Chung, seeking damages for the loss of use of his left eye. He sustained the injury when an act of 'horseplay' got out of control in the school playground in June 2001.

The two boys - both 14 at the time - had been holding a mock sword fight using a ruler known as a T-square, which they had been using in a technical drawing examination the morning of the incident. One of the two rulers - it is unclear whose - shattered, injuring Mr Chan in the left eye and he later lost the use of it. The writ sought damages from Mr Wong on the basis of assault and battery due to a 'deliberate and/or reckless act'. The school was named as a secondary defendant on the grounds of alleged negligence, due to the 'absence of teachers to supervise the students in the playground'.

However, High Court Judge John Saunders rejected the battery charge on the basis of Mr Chan's own evidence, which showed he was a participant in the mock fight.

'I am satisfied from the evidence of Mr Chan and Mr Wong that they were engaged in good-natured horseplay,' Judge Saunders wrote in his ruling. 'Each engaged in that horseplay willingly.'