香港特別行政區 訴 中科興業有限公司

香港特別行政區 訴 中科興業有限公司

The conviction was upheld because the prosecution proved both elements of s.48(1)(a): the employees had lost work capacity as evidenced by medical certificates and s10(2), and the circumstances at termination entitled them to compensation; the employer had knowledge through notification to supervisors and receipt of...

Source-derived case information.

Citation
[2020] HKCFI 3016
Parties
Appellant: 中科興業有限公司; Respondent: 香港特別行政區
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 December 2020
Case Number
HCMA20/2019
Procedural Posture
Criminal Appeal — Conviction and Sentence / Conviction Appeal Hearing; Sentencing Appeal Withdrawn
Outcome
appeal dismissed; convictions on two summonses affirmed; sentencing appeal withdrawn and dismissed
Legal Topics
Termination of Employment, Notice of Work Injury, Strict Liability Offence, Evidence of Employer Knowledge
Source Language
ch
Employment Law Occupational Injury Compensation Criminal Law Termination of Employment Notice of Work Injury Strict Liability Offence Evidence of Employer Knowledge

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Parties

中科興業有限公司

Appellant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal — Conviction and Sentence / Conviction Appeal Hearing; Sentencing Appeal Withdrawn

  1. 1 Whether the employees had lost capacity for work at the time of termination
  2. 2 Whether the circumstances at termination entitled the employees to compensation under the Employees' Compensation Ordinance (Cap.282)
  3. 3 Whether the employer had knowledge of the employees' work injuries and medical certificates

Ratio Decidendi

The conviction was upheld because the prosecution proved both elements of s.48(1)(a): the employees had lost work capacity as evidenced by medical certificates and s10(2), and the circumstances at termination entitled them to compensation; the employer had knowledge through notification to supervisors and receipt of certificates under s14(2); s5(2)(a) did not apply because it concerns the nature of the injury and capacity, not the fact of payment of full wages.

Court Disposition

appeal dismissed; convictions on two summonses affirmed; sentencing appeal withdrawn and dismissed

Orders

  • Convictions on two summonses under Employees' Compensation Ordinance (Cap.282) ss.48(1)(a) and 48(2) affirmed
  • Sentence appeal withdrawn by appellant and dismissed by the court