How Can a Tourist Claim Compensation for a Traffic Accident in Hong Kong?

Hong Kong recorded over 15,000 traffic accidents in 2024, according to the Transport Department’s annual traffic statistics. For the estimated 45 million tourists who visited the city that same year, the risk of being involved in a collision is statistically low but legally complex. The key regulatory shift affecting visitors is the 2024 amendment to the Motor Insurers’ Bureau of Hong Kong (MIB) Agreement, which clarified the claims process for uninsured or untraced drivers. Under this updated framework, a tourist injured in a hit-and-run accident can now apply directly to the MIB for compensation, provided the accident occurred on a public road and was reported to the police within 24 hours. This change closes a previous loophole where non-residents had limited recourse. This article explains the step-by-step court procedures and statutory rules a tourist must follow to pursue a personal injury claim in Hong Kong.

Jurisdiction and Forum Selection

The court procedure is determined by the amount of damages claimed, not the claimant’s residence status. A tourist has the same right to sue in Hong Kong courts as a local resident, provided the accident occurred within the territory. The legislation provides three tiers of jurisdiction under the District Court Ordinance (Cap. 336) and the High Court Ordinance (Cap. 4).

Step 1: Quantify the claim amount. The Small Claims Tribunal handles claims up to HK$75,000. The District Court has jurisdiction for claims between HK$75,001 and HK$3,000,000. The Court of First Instance of the High Court handles claims exceeding HK$3,000,000 or those involving complex legal issues. A tourist must assess their losses—medical expenses, lost income, pain and suffering—before choosing the correct forum.

Step 2: File the writ or originating summons. For a personal injury claim, the plaintiff (the tourist) files a writ of summons in the relevant court. The Limitation Ordinance (Cap. 347) provides a strict three-year limitation period from the date of the accident or from the date of knowledge of the injury, whichever is later. Tourists should note that leaving Hong Kong does not stop the limitation clock. The court procedure requires the writ to be personally served on the defendant within 12 months of issue, though the court may grant extensions.

Step 3: Consider the defendant’s identity. If the driver is identified and insured, the claim proceeds against the driver and the insurance company. If the driver is untraced, the claim is made against the MIB under the 2024 MIB Agreement. The MIB acts as a statutory body, not a commercial insurer. The legislation provides that the MIB’s liability is capped at HK$1,000,000 for personal injury claims from untraced drivers, with a compulsory excess of HK$30,000 for property damage only.

Evidence Gathering and Police Reporting

The court procedure for a tourist claim hinges on contemporaneous evidence. A tourist cannot rely on memory alone after returning home. The legislation under the Road Traffic Ordinance (Cap. 374) mandates that any person involved in an accident resulting in injury must stop and exchange particulars.

Step 1: Report to the police immediately. The 2024 MIB Agreement requires that an accident involving an untraced driver must be reported to the Hong Kong Police within 24 hours. Failure to do so may bar the claim entirely. The tourist should obtain a police report number and a copy of the Traffic Accident Report (Form TAR-1). This document is the primary evidence for the MIB or the court.

Step 2: Document the scene. The tourist should photograph the vehicles, road conditions, traffic signs, and any visible injuries. Hong Kong courts accept digital photographs as evidence, but they must be authenticated by a witness statement. The tourist should also collect names and contact details of witnesses—other drivers, passengers, or pedestrians. The court procedure allows for witness statements to be taken by deposition if the witness is about to leave Hong Kong.

Step 3: Obtain medical evidence. The tourist must seek immediate medical attention at a public hospital (e.g., Queen Elizabeth Hospital, Prince of Wales Hospital) or a private clinic. The medical report must detail the nature and extent of injuries, prognosis, and any permanent disability. The District Court Practice Direction PD 18.1 requires that medical reports be served on the defendant at least 14 days before the trial. For tourists, this means arranging for the report to be sent from overseas—the court will accept a certified copy if the original is unavailable.

The Claims Process Against the MIB

The MIB claims process is a statutory alternative to suing an untraced or uninsured driver. The 2024 MIB Agreement is the governing document, and it sets out a two-stage procedure.

Stage 1: Preliminary application. The tourist must submit a formal application to the MIB within 90 days of the accident. The application must include the police report number, a completed MIB Claim Form (available online), and a statement of the accident circumstances. The MIB will acknowledge receipt within 14 days and may request further evidence, such as medical reports or witness statements. The legislation provides that the MIB must make a preliminary decision on liability within 60 days of receiving all required documents.

Stage 2: Assessment of damages. If the MIB accepts liability, it will assess the quantum of damages. The assessment follows the same principles as a court judgment under the Personal Injuries (Assessment of Damages) Ordinance (Cap. 350). The MIB will calculate:

• General damages: For pain, suffering, and loss of amenity. The MIB uses the Judicial Studies Board Guidelines for Hong Kong, which provide bracket amounts for specific injuries (e.g., a fractured femur ranges from HK$150,000 to HK$400,000).
• Special damages: For actual financial losses, including medical bills, travel costs, and loss of earnings. The tourist must provide receipts, pay slips, or employer letters. For overseas medical treatment, the MIB will only reimburse reasonable costs—typically capped at Hong Kong private hospital rates.
• Loss of future earnings: Calculated using a multiplier based on the tourist’s age and pre-accident income. The court procedure uses the “multiplier-multiplicand” method, where the multiplicand is the annual loss and the multiplier is the number of years of loss, discounted by a factor for early receipt.

If the MIB rejects the claim or offers an unsatisfactory amount, the tourist can appeal to the Court of First Instance within 28 days of the MIB’s decision. The court procedure is the same as a normal personal injury claim, but the MIB is substituted as the defendant.

Practical Considerations for Overseas Claimants

A tourist claimant faces unique logistical hurdles. The court procedure does not accommodate overseas absence—the plaintiff must be available for trial or settlement conferences.

Step 1: Appoint a Hong Kong solicitor. The legislation does not require a solicitor for Small Claims Tribunal cases, but for District Court or High Court claims, the procedural rules are complex. A Hong Kong solicitor can handle service of documents, filing, and representation. The Law Society of Hong Kong maintains a directory of solicitors who handle personal injury work. The tourist should expect to pay a retainer of HK$10,000 to HK$30,000 for a straightforward claim, plus disbursements for medical reports and court fees.

Step 2: Consider video-link evidence. The High Court Ordinance (Cap. 4, s. 34A) and the District Court Ordinance (Cap. 336, s. 55A) allow the court to order that evidence be given by video link. The tourist can apply for this if they cannot return to Hong Kong for the trial. The court will consider the cost, the importance of the witness’s oral evidence, and whether the video link is reliable. In practice, the court is more likely to grant this for expert witnesses than for the plaintiff’s own testimony.

Step 3: Manage costs and security. The court may order the tourist to pay security for costs if the defendant applies. Under Order 23 of the Rules of the High Court, a non-resident plaintiff can be required to deposit a sum (typically HK$50,000 to HK$200,000) to cover the defendant’s legal costs if the claim fails. The tourist should budget for this possibility. Alternatively, the tourist can purchase after-the-event (ATE) insurance, which covers the opponent’s costs in exchange for a premium.

Step 4: Understand settlement offers. The court procedure encourages settlement through formal offers under Order 22 of the Rules of the District Court. If the defendant makes a “payment into court” or a “Calderbank offer,” and the tourist rejects it but later recovers less at trial, the tourist may have to pay the defendant’s costs from the date of the offer. The tourist should discuss any offer with their solicitor before rejecting it.

Key Takeaways for Tourists

• Report any traffic accident to the Hong Kong Police within 24 hours, regardless of whether the driver is identified, to preserve your right to claim against the MIB.
• File your claim in the correct court based on the total damages—Small Claims Tribunal (up to HK$75,000), District Court (up to HK$3,000,000), or High Court (over HK$3,000,000).
• Appoint a Hong Kong solicitor for any claim exceeding HK$75,000, as the procedural rules for the District Court and High Court are not designed for self-representation.
• Collect all evidence—photographs, witness details, medical reports—immediately after the accident, as leaving Hong Kong makes later collection difficult.
• Budget for potential security for costs and ATE insurance, especially if you plan to return to your home country before the case concludes.

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