HKSAR v. CHOW HAU MAN

HKSAR v. CHOW HAU MAN

The appeal is dismissed because the magistrate did not reverse the burden of proof, her credibility findings were permissible and supported by reasons, and the periodical payments made to the injured worker constituted a significant indicium of an employment relationship, sustaining the convictions under the Employees Compensation Ordinance.

Citation
HKSAR v. CHOW HAU MAN
Parties
Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 June 2008
Case Number
HCMA497/2007
Procedural Posture
Criminal Appeal Under Employees Compensation Ordinance / High Court Rehearing on Appeal (judgment Delivered 6 June 2008)
Outcome
Appeal dismissed; convictions upheld
Legal Topics
Employees Compensation Ordinance, Employment Status (employee V Independent Contractor), Burden of Proof, Credibility Findings, Periodical Payments as Indicia of Employment
Source Language
EN
Labour Law Workers' Compensation Criminal Law Employees Compensation Ordinance Employment Status (employee V Independent Contractor) Burden of Proof Credibility Findings Periodical Payments as Indicia of Employment

Case Brief

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Parties

Respondent

Respondent

Procedural Posture

Criminal Appeal Under Employees Compensation Ordinance / High Court Rehearing on Appeal (judgment Delivered 6 June 2008)

Legal Issues

  1. 1 Whether PW1 was an employee or an independent contractor
  2. 2 Whether the magistrate reversed or shifted the burden/standard of proof to the defence
  3. 3 Whether the magistrate's credibility findings were justified

Ratio Decidendi

The appeal is dismissed because the magistrate did not reverse the burden of proof, her credibility findings were permissible and supported by reasons, and the periodical payments made to the injured worker constituted a significant indicium of an employment relationship, sustaining the convictions under the Employees Compensation Ordinance.

Court Disposition

Appeal dismissed; convictions upheld

Orders

  • Appeal against the convictions dismissed
  • Convictions under the Employees Compensation Ordinance, Cap. 282, upheld