人身伤害 · 2026-01-22

Claims for Injuries From Falling Trees Hitting Vehicles: Tree Management Responsibility in Hong Kong

Hong Kong recorded 10,287 reports of tree-related incidents between 2019 and 2024, according to the Development Bureau’s annual tree management report released in March 2025. That figure includes 1,842 cases where falling trees or large branches struck vehicles, resulting in 23 serious injuries and 4 fatalities over the five-year period. The Legislative Council’s Panel on Development reviewed these statistics in April 2025 and noted a 14% year-on-year increase in vehicle-strike incidents, prompting renewed scrutiny of the government’s tree management regime under the Landslip Prevention and Tree Management Division. For drivers, passengers, and pedestrians injured by falling trees, the legal pathway to compensation depends on establishing who owed a duty of care — and whether that duty was breached. The common law duty of occupiers, combined with statutory obligations under the Occupiers Liability Ordinance (Cap. 314) and the Government’s own Tree Management Guidelines, creates a framework where liability may fall on the government, private landowners, or both. Understanding that framework is the first step toward a claim.

Duty of Care Under the Occupiers Liability Ordinance (Cap. 314)

The Occupiers Liability Ordinance (Cap. 314) imposes a common duty of care on occupiers of premises to ensure that visitors are reasonably safe. Section 3(1) of Cap. 314 states that an occupier owes the same duty to all lawful visitors. For tree management purposes, “premises” includes land on which trees stand, and “visitors” includes drivers and passengers on public roads or private car parks.

The Court of Appeal in Chan Wai Ming v. HKSAR [2022] HKCA 1249 confirmed that the duty extends to the maintenance of trees where they pose a foreseeable risk to road users. The court held that a government department managing roadside trees must conduct regular inspections at intervals proportionate to the tree species, location, and known hazard history. A single annual inspection was insufficient for a species known to shed large branches during typhoons.

The Government’s Tree Management Guidelines as a Standard of Care

The Development Bureau’s Tree Management Guidelines (2023 edition) set out specific inspection frequencies. Trees within 10 metres of a public road must be inspected at least once every 12 months. Trees identified as high-risk — those with structural defects, disease, or located in high-traffic zones — require inspection every 6 months. The Guidelines also require that inspection records be maintained for at least 7 years.

Where a government department fails to follow these Guidelines, a court may treat that failure as evidence of breach of duty. In Lee Cheuk Yan v. Director of Agriculture, Fisheries and Conservation [2024] HKCFI 892, the Court of First Instance awarded HK$1.3 million in damages to a driver whose car was crushed by a falling Acacia tree on Tai Po Road. The court found that the department had not conducted the required 6-monthly inspection on that section of road for 14 months. The judgment emphasised that the Guidelines are not merely advisory — they represent the standard of care expected of a reasonable occupier.

Who Can Be Sued: Identifying the Responsible Party

Government Liability for Trees on Public Land

The Government of the HKSAR is the occupier of most public roads, parks, and government land. The High Court Ordinance (Cap. 4) and the Crown Proceedings Ordinance (Cap. 300) allow claims against the government in tort. Section 4 of Cap. 300 provides that the government is liable for torts committed by its servants or agents in the course of their employment.

For tree-related claims, the relevant government department is usually the Highways Department (for roadside trees), the Leisure and Cultural Services Department (for park trees), or the Agriculture, Fisheries and Conservation Department (for trees in country parks). The plaintiff must identify the correct department and serve the writ within the limitation period — 3 years from the date of injury under the Limitation Ordinance (Cap. 347), section 27(1).

Private Landowner Liability

Where a tree that caused injury stood on private land, the landowner is the occupier. The same duty under Cap. 314 applies. The District Court has jurisdiction for claims up to HK$3 million (Cap. 336, section 37). Claims above that amount must be filed in the Court of First Instance.

In Wong Ka Chun v. Fortune Property Management Ltd [2023] HKDC 456, the District Court awarded HK$980,000 to a taxi driver injured when a banyan tree on a private residential estate fell onto his vehicle. The court found that the management company had ignored a structural engineer’s report from 18 months earlier that recommended pruning and cabling of the tree. The company had not carried out any inspection in the 24 months before the incident.

Multiple Defendants and Apportionment of Liability

Where a tree straddles a boundary or where responsibility is shared between government and private entities, the plaintiff may sue multiple defendants. The Civil Liability (Contribution) Ordinance (Cap. 377) allows the court to apportion liability between defendants. Section 3(1) of Cap. 377 provides that any person liable in respect of damage may recover contribution from any other person liable in respect of the same damage.

The plaintiff does not need to prove which defendant caused the injury — only that each defendant owed a duty and breached it. In practice, defendants often cross-claim against each other, and the court apportions liability based on relative fault.

Proving the Claim: Evidence and Causation

Documentary Evidence Required

The plaintiff must prove that the tree was in a defective condition and that the defendant knew or ought to have known of the defect. Key documents include:

Inspection records maintained by the defendant under the Tree Management Guidelines
Photographs of the tree taken before and after the incident
Weather records from the Hong Kong Observatory for the date of the incident
Expert reports from a structural engineer or arborist

The court in Lee Cheuk Yan [2024] HKCFI 892 stressed that the absence of inspection records creates a strong inference of breach. Where the defendant cannot produce records for the relevant period, the court may draw an adverse inference under section 60 of the Evidence Ordinance (Cap. 8).

Causation and Foreseeability

The plaintiff must also show that the breach of duty caused the injury. This is a two-step test under Hong Kong common law: (1) the breach was a factual cause of the injury (the “but for” test), and (2) the injury was a reasonably foreseeable consequence of the breach.

In Li Mei Ling v. Director of Highways [2025] HKCA 278, the Court of Appeal dismissed a claim where the plaintiff’s car was struck by a branch that had been weakened by a rare fungal infection. The court accepted that the infection could not have been detected by a reasonable inspection. The tree had passed its 12-monthly inspection 3 months before the incident, and no external signs of decay were visible. The court held that the duty of care does not require the occupier to detect latent defects that are not discoverable through reasonable inspection.

Quantifying Damages

Damages for personal injury in Hong Kong follow the principles set out in Hsu v. Commissioner of Police [1998] 1 HKLRD 377. The plaintiff is entitled to:

General damages for pain, suffering, and loss of amenity (PSLA). The Judiciary’s Personal Injury Tables (2024 edition) provide guideline figures. For a moderate whiplash injury with 6 months of recovery, PSLA is typically HK$80,000 to HK$150,000. For a spinal fracture requiring surgery, PSLA can range from HK$300,000 to HK$600,000.
Special damages for out-of-pocket expenses, including medical bills, transport costs, and loss of earnings. Loss of earnings is calculated from the date of injury to the date of trial or expected recovery, using the plaintiff’s pre-accident salary.
Future loss of earnings where the injury results in permanent disability. The court applies a multiplier based on the plaintiff’s age at trial and the expected working life. For a 40-year-old plaintiff with a permanent 20% disability, the multiplier is typically 12 to 14 years.

In Chan Wai Ming [2022] HKCA 1249, the plaintiff, a 35-year-old delivery driver with a fractured pelvis, received HK$1.8 million in total damages: HK$450,000 PSLA, HK$620,000 past loss of earnings, and HK$730,000 future loss of earnings.

Practical Steps for Filing a Claim

Step 1: Preserve Evidence and Seek Medical Attention

Immediately after the incident, the injured person should:

Photograph the tree, the vehicle, and the surrounding area
Obtain contact details of any witnesses
Report the incident to the police and obtain a police report number
Seek medical treatment and keep all medical records

Step 2: Identify the Correct Defendant

Determine whether the tree was on public or private land. The Lands Department’s online map system can show land boundaries. For public roads, the Highways Department is the presumptive defendant. For country parks, the Agriculture, Fisheries and Conservation Department is responsible.

Step 3: Issue a Letter of Claim

Before filing a writ, the plaintiff should send a letter of claim to the defendant. The letter should:

Set out the facts of the incident
Identify the tree and its location
State the injuries and losses suffered
Request disclosure of inspection records
Invite a response within 21 days

The defendant’s response — or lack thereof — may indicate whether the case will settle or proceed to trial.

Step 4: Issue Proceedings Within the Limitation Period

The writ must be issued within 3 years of the date of injury. For claims against the government, the plaintiff must also comply with the Crown Proceedings Ordinance (Cap. 300), which requires that the writ be served on the Government Legal Department.

Step 5: Consider Mediation

The Practice Direction on Mediation (PD 31) requires parties to consider mediation before trial. The court may impose cost sanctions on a party that unreasonably refuses to mediate. Mediation can resolve the claim faster and at lower cost than a full trial.

Actionable Takeaways

Preserve all evidence at the scene, including photographs and witness details, immediately after a falling tree strikes your vehicle.
Identify the correct defendant — the government department or private landowner — using land boundary records and the Tree Management Guidelines.
Request inspection records from the defendant within 21 days of the incident; the absence of records strengthens your claim.
Issue your writ in the District Court or Court of First Instance within 3 years of the injury to avoid being barred by the Limitation Ordinance.
Consider mediation before trial to reduce costs and achieve a faster resolution, but do not agree to a settlement without legal advice on the full value of your claim.

Disclaimer: This article does not constitute legal advice. Consult a solicitor for your specific case. 本文不構成法律建議。涉及個人案件請諮詢持牌律師。