Can I sue for damages?

I was assaulted quite viciously by my ex boyfriend who is an Expat working for the HKPolice. I have been advised that I can sue him for GBH. Is that true? I've reported it to the Police Station and they are investigating but I want to know what my rights are. I've got pictures of the bruises that he left. If I can sue, does anyone know of a good firm to help with all of this?


Thank you

Sorry, but what is ABH? Yes, I did file a written statement, was sent to the Hospital and seen by a physician who has also filed a medical report.


Thanks for your help.

1. Likely to be ABH, for GBH requires more.


2. Monetary compensation unlikely. He would be fined and have a criminal record.


3. A barrister would advise and represent you in court. Not a law firm.

Actual Bodily Harm

Bloody hell. Please do not dispense "legal advice" unless you are a COMPETENT legal practitioner!


Here is the deal:


1. Suing him criminally - your cause of action would be battery - grievous bodily harm. the fact that he is a copper would make it an aggrevated offence. The fact that he is a copper or not is irrelevant when comes to your cause of action (which is personal against him, rather than against the Crown/State). The party representing you would be the Crown/Director of Public Prosecutions, and for them to act for you, there needs to be enough evidence against the offender. Questions of having police reports, pictures showing the extent of your injury and witnesses etc are a matter of admissibility of evidence, and they do not affect your cause of action. Being a criminal suit means you won't be entitled to large sum of damages (since the case is brought by the Crown). Expect any court proceeding to last for a long time.


2. Suing him civilly - your cause of action would be assault and battery in a tortious sense. If he assaulted you in the course of his employment, you might even be able to sue the police commissioner as a co-defendant (might be a long shot but you might get more $$). Now, subject to proper and sufficient evidence being admitted, you will be entitled to damages - e.g. medical expense, loss of income and opportunities etc. The extent of damages may be limited by the collateral source rules, which says your damages may be reduced by another source of income, e.g. compensation paid by your medical insurers or employers, etc. There is no rule that says you cant sue him criminally, then civilly.


In terms of who will represent you, HK, like England, has solicitor-advocates who work either for law firms or on their own. This means you needn't be represented by a barrister in a silly wig per se.


The first port of call would be LegalAid in Hong Kong, look them up on Whitepages or yellowpages. I dont know if HK courts have a chamber magistrate who dishes out legal advice sometime during the week. Give them a call as well.


Sorry to hear you got beaten up by a cretin. Chin up.

the criminal and civil suits are 2 seperate, distinct cases. The police will investigate and it is up to them whether or not your (ex? i hope so) bf is charged.. Even if he is charged, it doesn't mean he'll be convicted. It all depends on the quality of the evidence. You will have to give evidence for the prosecution.


If you want to sue him in the civil courts, this will be in either the District court (in Wan Chai) or in the High Court, depending on the monetary size of your claim. Although it seems your physical injuries were serious, they are not typical of the type to attract large damages. HOwever, it may be that you have also suffered other problems, e.g. depression, post traumatic stress disorder etc... These are still recognised injuries and will be relevant. If you think you suffer from anything like that, go see a psych and get medical proof. The condition must be related to the way he treated you - this could have been over a course of time.


Your first point of call is a solicitors firm who specialise in personal injury. If your case goes to trial, you should probably be represented by a barrister, as they can give your case the attention it deserves. There will be costs involved, but you should get some of these back if you win. Of course, if you lose, it will be the other way round.


Get some preliminary advice from your solicitor.

Thanks very much for all of the advice. Yes, I did go to the Doctor who has put me on medication because the thought of seeing him absolutely terrifies me and I've been having horrendous nightmares. So, I will keep a file on her findings. Thanks very much again.

My reply comes a bit late but definitely useful.

Since its already past 9 years, there wont be a case anymore.

If i had read this earlier,

I would have chosen to litigating in person.

Probably will need to prepare an affidavit of evidence in chief in front of a commissioner,
And when you request to set down, you will need the doctors affidavit as well on top of the
Medical report.

How many days or weeks of medical leave granted by the doctor will determine how serious the damages were.