Hong Kong Judgment

Court of First Instance

HKSAR v. CNT SECURITY CO LTD

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court ordered that the appellant company must pay Bank Consortium Trust Limited for the benefit of Mr Li the sum of $275 in respect of each of the four summonses, and that any greater payment already made pursuant to the magistrate's order must be returned to the appellant company.

Court disposition

Appeal determined with substitution of the magistrate's compensation amount; payment ordered in favour of MPF trustee and restitution of any excess

Orders

  • Order that CNT Security Company Limited pay Bank Consortium Trust Limited for the benefit of Mr Li the sum of HKD 275 in respect of each of the four summonses (total of four separate payments).
  • Order that if CNT Security Company Limited has already paid a greater amount to Bank Consortium Trust Limited pursuant to the magistrate's order, the excess shall be returned to CNT Security Company Limited.
  • Corrigenda: typographical corrections to witness references in the judgment (PW numbering and references to Mr Li).

02

Material facts

Parties

HKSAR

Respondent Counsel: Mr Liu Yuen Ming, SGC of Department of Justice

CNT SECURITY COMPANY LIMITED

Appellant Counsel: Mr Gerard McCoy, SC, instructed by Messrs Leung, Chan & Pang

Amounts and remedies

  • Amount Ordered Per Summons: HKD 275
  • Magistrate's Earlier Amount Per Summons: HKD 421.75
  • Number of Summonses: 4

03

Procedural history

  1. Posture

    Magistracy Appeal (court of First Instance Appellate Jurisdiction) / Judgment and Orders (post Judgment Compensation Determination)

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant submitted that the correct amount payable in respect of each summons is $275 and that any excess already paid should be returned.
Respondent
Respondent agreed the proper amount payable for each summons is $275 and did not oppose return of any excess payments.

05

Court’s reasoning

  1. 01

    Mandatory Provident Fund Schemes Ordinance (Cap. 485)

    Employers are required to make contributions to employees' Mandatory Provident Fund accounts in accordance with the Mandatory Provident Fund Schemes Ordinance

  2. 02

    High Court appellate jurisdiction and general common law principle

    An appellate court may make or vary orders made by a magistrate and direct restitution of sums paid in excess where appropriate

06

Ratio, limits and disposition

Ratio decidendi

The court ordered that the appellant company must pay Bank Consortium Trust Limited for the benefit of Mr Li the sum of $275 in respect of each of the four summonses, and that any greater payment already made pursuant to the magistrate's order must be returned to the appellant company.

Obiter and limits

  • Corrigenda made to the judgment to correct typographical errors in witness numbering (references to PW1/PW2).
  • Parties were invited to make written submissions on quantum and agreed the sum of $275 per summons.

Court disposition

Appeal determined with substitution of the magistrate's compensation amount; payment ordered in favour of MPF trustee and restitution of any excess

  • Order that CNT Security Company Limited pay Bank Consortium Trust Limited for the benefit of Mr Li the sum of HKD 275 in respect of each of the four summonses (total of four separate payments).
  • Order that if CNT Security Company Limited has already paid a greater amount to Bank Consortium Trust Limited pursuant to the magistrate's order, the excess shall be returned to CNT Security Company Limited.
  • Corrigenda: typographical corrections to witness references in the judgment (PW numbering and references to Mr Li).

Source and reliance status

Court of First Instance · 22 June 2007

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Court of First Instance

Judgment· 22 June 2007

HKSAR v. CNT SECURITY CO LTD

bjbj HCMA887/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 887 OF 2006 (ON APPEAL FROM KTS 13906 13911 OF 2005) ---------------------

BETWEEN HKSAR Respondent and CNT SECURITY COMPANY LIMITED Appellant ( is matter on 31 May 2007, the parties were invited to make written submissions to the court as to the appropriate amounts to be stipulated in the orders of compensation in respect of contributions to be made by the appellant company to the trustees of Mr s Mandatory Provident fund, namely Bank Consortium Trust Limited. The magistrate had made orders that the appellant company pay the sum of $421.75 in respect of each of the four respective summonses concerning Mr Li. The parties are agreed and they have confirmed that in court today that in light of the judgment of this court, the sum payable by the appellant company to Bank Consortium Trust Limited in respect of each of the summonses is $275. I make an order against the appellant company in favour of Bank Consortium Trust Limited for the benefit of Mr Li for that amount on each of these four summonses. If the appellant company has already made a greater payment to Bank Consortium Trust Limited in accordance with the order of the magistrate, the amount in excess obviously is to be returned to the appellant company. Corrigenda

AUTONUMOUT Mr Liu has drawn the attention of the court to some typographical errors in the judgment and Mr McCoy has no objection to the corrections that are sought being made. References in the judgment at paragraph 6 to Mr Ho as PW2 and Mr Li as PW3 are errors for PW1 and PW2 respectively. References to Mr Ho at paragraph 40, i.e. M, N and P-R are made in error and should be references, as is apparent from line K of that paragraph to Mr Li. (Michael Lunn) Judge of the Court of First Instance High Court Mr Liu Yuen Ming, SGC of Department of Justice, for HKSAR Mr Gerard McCoy, SC, instructed by Messrs Leung, Chan & Pang, for the Appellant

PAGE -

PAGE

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T U V 1udk 1udk

H

I

J

K

L

M

N

O

P

Q

R

S

T U V &`#$ "5Ld !tdO ~Qb]J ~Qb] !tdO & 6" ABC.dot setup Microsoft Word 9.0 Judiciary Title Microsoft Word Document MSWordDoc Word.Document.8

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Mandatory Provident Fund Schemes Ordinance (Cap. 485)

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.