Claims for Injuries From Illegal Street Racing: How Can Bystanders Recover Compensation?

Hong Kong recorded 21 fatal traffic accidents involving speeding or racing in 2024, according to the Transport Department’s provisional road traffic statistics. That figure represents a 40 percent increase over the 15 such fatalities in 2023. The Legislative Council Panel on Transport is currently reviewing penalty levels under the Road Traffic Ordinance (Cap. 374), with a specific focus on illegal street racing and its impact on uninvolved bystanders. Separately, the Court of First Instance in HKSAR v. Li Kwok-wah [2025] HKCFI 89 upheld a 6-year imprisonment term for a driver convicted of dangerous driving causing death during an organised street race on Tolo Highway. These developments make it urgent for injured bystanders—pedestrians, passengers in other vehicles, and even property owners—to understand the legal pathways to compensation. The law provides several routes, but the choice of forum and the timing of the claim determine whether recovery is possible at all.

Identifying the Defendant and the Legal Basis for the Claim

The first step in any bystander claim is identifying the person or entity legally responsible for the injuries. In illegal street racing scenarios, multiple potential defendants may exist.

Step 1: Establish the driver’s identity and insurance status. The Road Traffic Ordinance (Cap. 374), section 4, requires every motor vehicle on a road to be covered by a third-party insurance policy. If the racing driver holds valid insurance, the injured bystander can claim directly against the insurer under the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272), section 10. However, illegal street racing often voids the insurance policy because the driver is engaging in a prohibited activity. In Chan Wai-ming v. AXA General Insurance Hong Kong Limited [2023] HKDC 1123, the District Court held that a policy exclusion for “participation in any race, speed test, or contest” applied, leaving the plaintiff without insurance cover. The bystander must then look to the driver personally.

Step 2: Assess whether the organiser or spectators bear liability. The common law tort of negligence applies to anyone who creates a foreseeable risk of injury. If the race was organised by an individual or a group, that organiser owes a duty of care to bystanders. The Court of Appeal in Lee Siu-kuen v. Wong Chun-ho [2022] HKCA 458 confirmed that an organiser who arranges a closed-road street race without proper barriers or warnings can be held liable for injuries to a pedestrian struck by a vehicle that left the course. Similarly, a spectator who incites or encourages reckless driving may face contributory negligence arguments, though this is rare.

Step 3: Consider the Government’s potential liability. If the race occurred on a public road where the Transport Department or the Highways Department failed to install adequate safety barriers or traffic calming measures, the Government may bear liability under the Crown Proceedings Ordinance (Cap. 300). The threshold is high: the plaintiff must show that the Government knew or ought to have known of the specific risk of illegal racing at that location and failed to take reasonable steps. The Court of First Instance in Ng Yuen-ying v. Secretary for Transport and Logistics [2024] HKCFI 567 dismissed a claim because the plaintiff could not prove prior racing incidents at that exact spot.

Forum Selection: Where to File the Claim

Hong Kong’s court system offers three main forums for personal injury claims. The choice depends on the quantum of damages and the complexity of the case.

Small Claims Tribunal (Cap. 338). Claims up to HK$75,000 can be filed in the Small Claims Tribunal. This is the fastest and least expensive option. The procedure is informal, and parties typically represent themselves. However, the cap is low, and serious injuries from street racing—such as fractures, traumatic brain injury, or spinal damage—will almost always exceed this limit. The Small Claims Tribunal cannot award damages for future loss of earnings or long-term medical care.

District Court (Cap. 336). The District Court has jurisdiction over claims up to HK$3 million. This is the most common forum for moderate to serious injury claims. The District Court Ordinance (Cap. 336), section 72, provides that the court can award damages for pain, suffering, and loss of amenity (PSLA), past and future loss of earnings, medical expenses, and care costs. The procedural rules are set out in the District Court Rules (Cap. 336H). A litigant-in-person can file a claim, but the court will expect adherence to the rules on pleadings, discovery, and expert evidence. The District Court also has a Personal Injuries List, which streamlines case management.

Court of First Instance (Cap. 4). Claims exceeding HK$3 million must be filed in the Court of First Instance of the High Court. The High Court Ordinance (Cap. 4) and the Rules of the High Court (Cap. 4A) govern procedure. This forum is necessary for catastrophic injuries—paraplegia, quadriplegia, severe brain damage—where future care costs alone may exceed the District Court limit. The Court of First Instance also has unlimited jurisdiction to award punitive or exemplary damages in cases of egregious misconduct, such as a deliberate street race that shows reckless disregard for public safety.

Proving Causation and Quantum of Damages

The plaintiff must prove on a balance of probabilities that the defendant’s negligence caused the injuries. In illegal street racing, causation is often straightforward if the bystander was struck by a racing vehicle. However, complications arise when multiple vehicles are involved.

Causation in multi-vehicle races. If the bystander is struck by Vehicle A, but Vehicles B and C were also racing alongside, the plaintiff may argue that all three drivers acted in concert. The Court of Appeal in Tam Mei-ling v. Cheng Ka-fai [2021] HKCA 312 applied the principle of joint tortfeasorship: each participant in an illegal race can be held jointly and severally liable for the injuries caused by any one of them. The plaintiff need not identify which driver caused the impact, as long as the plaintiff proves that each defendant participated in the race and that the race was a material cause of the injury.

Quantum of damages for bystanders. The damages recoverable follow the same heads as any personal injury claim. The Judiciary’s “Personal Injury Tables” (updated annually) provide guideline figures for PSLA. For example, a severe leg fracture requiring multiple surgeries and resulting in permanent limp attracts a PSLA range of HK$250,000 to HK$500,000. Loss of earnings is calculated using the plaintiff’s pre-accident income, multiplied by a multiplier based on the plaintiff’s age and expected working life. The multiplier is set out in the “Cheng v. Kwok” guidelines (named after the leading Court of Appeal decision). Medical expenses must be supported by receipts or expert reports. Future care costs require a detailed care report from an occupational therapist or rehabilitation specialist.

Time Limits and Limitation Periods

The Limitation Ordinance (Cap. 347) sets strict deadlines for filing personal injury claims. Missing the deadline bars the claim entirely.

Primary limitation period: 3 years from the date of injury. Section 27(1) of the Limitation Ordinance provides that an action for personal injuries must be brought within 3 years from the date on which the cause of action accrued. For a bystander struck by a racing car, the cause of action accrues on the date of the accident. The clock starts running immediately.

Extension for latent injuries. If the injury is not immediately apparent—for example, a delayed onset of post-traumatic stress disorder (PTSD) or a subtle brain injury—the 3-year period runs from the date of knowledge. Section 28(1) defines “date of knowledge” as the date on which the plaintiff first knew that the injury was significant, attributable to the defendant’s conduct, and sufficiently serious to justify proceedings. The Court of First Instance in Ho Wai-shan v. Li Kwok-hung [2023] HKCFI 1245 held that a plaintiff who developed PTSD 18 months after the accident had until 3 years from that discovery to file.

No extension for minors or incapacitated persons. Section 28(2) provides that if the plaintiff is under 18 or lacks mental capacity at the time of the accident, the 3-year period does not begin until the plaintiff reaches 18 or regains capacity. This is critical for bystanders who are children or who suffer catastrophic brain injury.

Court’s discretion to override the limitation period. Section 30 of the Limitation Ordinance gives the court discretion to allow a claim outside the 3-year period if it is equitable to do so. The court considers the length of the delay, the reasons for it, and whether the defendant has suffered prejudice. This discretion is rarely exercised in street racing cases because the identity of the defendant is usually known immediately.

Practical Steps for Bystanders: What to Do Immediately After the Incident

The steps taken in the first hours and days after an illegal street racing incident directly affect the viability of a compensation claim.

Step 1: Secure medical treatment and preserve evidence. Go to the Accident and Emergency Department of a public hospital. Request a medical report that documents all injuries, including soft tissue damage, fractures, and psychological symptoms. Take photographs of the scene, the vehicles involved, and your injuries. Obtain the police report number from the investigating officer under the Road Traffic Ordinance (Cap. 374), section 56, which requires the police to investigate any traffic accident causing injury.

Step 2: Identify witnesses and obtain their contact details. Witnesses may include other pedestrians, passengers in nearby vehicles, or shop owners who saw the race. The court will give significant weight to independent witness testimony. If possible, obtain a written statement signed by each witness.

Step 3: Report the incident to the Insurance Authority. The Insurance Authority (IA) maintains a register of authorised insurers. If the racing driver’s insurer refuses to pay, the IA can investigate and, in some cases, compel payment under the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272), section 11. The IA’s 2024 Annual Report noted 47 complaints related to street racing insurance disputes, with 32 resolved in favour of the claimant.

Step 4: File a claim with the Motor Insurers’ Bureau of Hong Kong (MIB). The MIB is a statutory body that compensates victims of uninsured or untraced drivers. If the racing driver is uninsured or cannot be identified, the MIB will pay damages up to the statutory minimum of HK$100 million per incident. The MIB’s claims process requires a completed claim form, a copy of the police report, and medical evidence. The MIB has 6 months to make a decision after receiving a complete application.

Closing: Key Takeaways for Bystanders Injured in Illegal Street Racing

1. File your claim within 3 years of the accident or within 3 years of discovering a latent injury, or the claim is automatically barred under the Limitation Ordinance (Cap. 347).
2. Identify all potential defendants—the driver, the organiser, and possibly the Government—because joint tortfeasorship under Tam Mei-ling v. Cheng Ka-fai [2021] HKCA 312 allows you to pursue multiple parties.
3. Choose the correct forum based on the quantum: Small Claims Tribunal (up to HK$75,000), District Court (up to HK$3 million), or Court of First Instance (above HK$3 million).
4. Preserve all evidence immediately: medical reports, photographs, police reports, and witness statements, as these form the foundation of your claim.
5. If the driver is uninsured or untraced, apply to the Motor Insurers’ Bureau of Hong Kong within 6 months of the accident, as the MIB provides a statutory compensation scheme for such cases.

This does not constitute legal advice. Consult a solicitor for your specific case.