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AWBD-1-101 Price Burke.pdf (2.06 MB)

Occupational exposure to asbestos: mortality and liability Issues arising in Hong Kong's shipping industry

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journal contribution
posted on 2023-05-17, 11:51 authored by Price, R, Burke, J
This article evaluates a range of legal responses to issues of causation and compensation arising out of occupational malignant mesothelioma claims. A survey of the common law in the United Kingdom leads to an assessment of the law and policy settings which Hong Kong should adopt in relation to these issues. It is argued that Hong Kong is underprepared for the steep rise of asbestos-related litigation on the way to its shores and that the absence in Hong Kong of local common law on mesothelioma liability means that it will draw on English approaches which are, themselves, unsatisfactory and unsuitable to local conditions. In particular, is argued that (1) the high sympathy culture toward patients in Hong Kong’s healthcare system and (2) the high level of personal and corporate bankruptcy mean that stringent English compensation approaches to mesothelioma in cases of pre-cursor conditions and multiple employer apportionment of liability (respectively) are not a good fit for Hong Kong.

History

Publication title

Air and Water Borne Diseases

Article number

1000101

Number

1000101

Pagination

1-8

ISSN

2167-7719

Department/School

Faculty of Law

Publisher

Omics Publishing Group

Place of publication

United States

Rights statement

Licenced uned Creative Commons Attribution 2.0 Generic (CC BY 2.0)

Repository Status

  • Open

Socio-economic Objectives

Justice and the law not elsewhere classified

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