CHEN XIU MEI v. LI SIU WO AND ANOTHER

CHEN XIU MEI v. LI SIU WO AND ANOTHER

Judge found on the evidence that the accident arose out of and in the course of employment; accepted that the deceased was a two-way permit holder making the contract illegal; concluded statutory and public policy reasons required treating the employment contract as illegal and refusing to exercise the discretion under s.2(2) in favour of the applicant; accordingly dismissed the application and ordered costs against the applicant.

Citation
CHEN XIU MEI v. LI SIU WO AND ANOTHER
Parties
Applicant: Applicant; 1st Respondent: Li Siu wo; 2nd Respondent: Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 January 2007
Case Number
DCEC645/2005
Procedural Posture
Employees Compensation Claim / Trial Judgment (handed Down 5 January 2007)
Outcome
Application dismissed against both respondents
Legal Topics
Employees Compensation, Illegal Employment, Course of Employment, Serious and Wilful Misconduct, Statutory Discretion Under S.2(2)
Source Language
EN
Employment Law Workers Compensation Immigration Law Public Policy Evidence Law Employees Compensation Illegal Employment Course of Employment +2 more

Case Brief

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Parties

Applicant

Applicant

Li Siu wo

1st Respondent

Employees Compensation Assistance Fund Board

2nd Respondent

Procedural Posture

Employees Compensation Claim / Trial Judgment (handed Down 5 January 2007)

Legal Issues

  1. 1 credibility of witnesses
  2. 2 whether accident arose out of and in the course of employment
  3. 3 legality of the contract of employment

Ratio Decidendi

Judge found on the evidence that the accident arose out of and in the course of employment; accepted that the deceased was a two-way permit holder making the contract illegal; concluded statutory and public policy reasons required treating the employment contract as illegal and refusing to exercise the discretion under s.2(2) in favour of the applicant; accordingly dismissed the application and ordered costs against the applicant.

Court Disposition

Application dismissed against both respondents

Orders

  • Application dismissed against both respondents
  • Order nisi that applicant pay costs of this action to both respondents (certificate for counsel Mr. Wong SC for 2nd respondent)