LEE MUI FONG v. WONG KIT MAN AND OTHERS

LEE MUI FONG v. WONG KIT MAN AND OTHERS

Court held that although Leung's employment was illegal (two-way permit holder not lawfully employable), the illegality was of low turpitude and the court properly exercised its discretion under s.2(2) to treat him as employed; factual analysis using multi-factorial test established that Sze was an employee of Miss...

Source-derived case information.

Citation
LEE MUI FONG v. WONG KIT MAN AND OTHERS
Parties
Applicant (dcec 455/2002) Representing Family of Deceased Leung Yuk Chun: LEE MUI FONG; Applicant (dcec 693/2002) Representing Family of Deceased Sze Chun Hing: YEUNG SIN TING EVA; Respondent (insurer; 4th Respondent in DCEC 455/2002; 3rd Respondent in DCEC 693/2002): JERNEH INSURANCE (HK) LIMITED; 1st Respondent in DCEC 455/2002; 2nd Respondent in DCEC 693/2002 (registered Owner of Hf6106): WONG KIT MAN; 3rd Respondent in DCEC 455/2002; 1st Respondent in DCEC 693/2002 (proprietor Trading as Wong's Building Cleaning Service Company): WONG KIT TING KAREN; Deceased (subject of DCEC 455/2002): LEUNG YUK CHUN; Deceased (subject of DCEC 693/2002): SZE CHUN HING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 November 2005
Case Number
DCEC455/2002
Procedural Posture
Employees Compensation (district Court) Consolidated DCEC 455/2002 and DCEC 693/2002 / Judgment (trial Heard 2004–2005; Judgment Delivered 18 November 2005)
Outcome
Judgment for Applicants: in DCEC 455/2002 claim against 1st and 2nd respondents dismissed; judgment entered against 3rd and 4th respondents (Miss Wong and Jerneh) for $675,489 plus interest. In DCEC 693/2002 claim against 2nd respondent dismissed; judgment entered against 1st and 3rd respondents (Miss Wong and...
Legal Topics
Employer/employee Status Vs Independent Contractor, Illegality of Employment and Statutory Discretion (s.2(2) Employees Compensation Ordinance), Insurer Indemnity and Compulsory Insurance (s.43), Quantum of Statutory Compensation, Apportionment of Dependency Awards, Costs Allocation
Source Language
en
Employment Law Insurance Law Immigration Law Civil Procedure Compensation Law Employer/employee Status Vs Independent Contractor Illegality of Employment and Statutory Discretion (s.2(2) Employees Compensation Ordinance) Insurer Indemnity and Compulsory Insurance (s.43) +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

LEE MUI FONG

Applicant (dcec 455/2002) Representing Family of Deceased Leung Yuk Chun

YEUNG SIN TING EVA

Applicant (dcec 693/2002) Representing Family of Deceased Sze Chun Hing

JERNEH INSURANCE (HK) LIMITED

Respondent (insurer; 4th Respondent in DCEC 455/2002; 3rd Respondent in DCEC 693/2002)

WONG KIT MAN

1st Respondent in DCEC 455/2002; 2nd Respondent in DCEC 693/2002 (registered Owner of Hf6106)

WONG KIT TING KAREN

3rd Respondent in DCEC 455/2002; 1st Respondent in DCEC 693/2002 (proprietor Trading as Wong's Building Cleaning Service Company)

LEUNG YUK CHUN

Deceased (subject of DCEC 455/2002)

SZE CHUN HING

Deceased (subject of DCEC 693/2002)

Procedural Posture

Employees Compensation (district Court) Consolidated DCEC 455/2002 and DCEC 693/2002 / Judgment (trial Heard 2004–2005; Judgment Delivered 18 November 2005)

Legal Issues

  1. 1 Whether deceased Leung's employment illegality precluded compensation under the Employees Compensation Ordinance
  2. 2 Whether the court should exercise its discretion under s.2(2) of the Employees Compensation Ordinance despite illegality
  3. 3 Whether Sze was an employee or an independent contractor

Ratio Decidendi

Court held that although Leung's employment was illegal (two-way permit holder not lawfully employable), the illegality was of low turpitude and the court properly exercised its discretion under s.2(2) to treat him as employed; factual analysis using multi-factorial test established that Sze was an employee of Miss Wong (Wong's Building Cleaning Service Company) and that Leung was also employed by Miss Wong; accordingly Miss Wong (employer) and insurer Jerneh were jointly and severally liable to pay statutory compensation and interest; specific quantum awards were calculated and apportioned under the Ordinance.

Court Disposition

Judgment for Applicants: in DCEC 455/2002 claim against 1st and 2nd respondents dismissed; judgment entered against 3rd and 4th respondents (Miss Wong and Jerneh) for $675,489 plus interest. In DCEC 693/2002 claim against 2nd respondent dismissed; judgment entered against 1st and 3rd respondents (Miss Wong and...

Orders

  • DCEC 455/2002: Judgment for Applicant Lee Mui Fong against Wong Kit Ting Karen (3rd Respondent) and Jerneh Insurance (4th Respondent) jointly and severally in the sum of HK$675,489 with interest at judgment rate from date of accident until judgment
  • DCEC 693/2002: Judgment for Applicant Yeung Sin Ting Eva against Wong Kit Ting Karen (1st Respondent) and Jerneh Insurance (3rd Respondent) jointly and severally in the sum of HK$1,765,220 with interest at judgment rate from date of accident until judgment