沈世成及另二人 對 盈匠工程有限公司

沈世成及另二人 對 盈匠工程有限公司

Permission to appeal was refused for grounds that merely challenge the Tribunal's factual assessments because those do not raise arguable legal errors; however permission was granted for a discrete legal question whether the Tribunal's award ordering three months' wages for one claimant exceeded the statutory...

Source-derived case information.

Citation
[2025] HKCFI 633
Parties
Applicant: SENG SAI SHING (沈世成); Applicant: SENG HAI YEN (沈海燕); Applicant: HO YIU KWONG (何耀光); Applicant: CHAN CHUN KIT JACKY (陳浚傑); Applicant: HAN GUOHUI (韓國輝); Applicant: LI HAIQUAN (李海權); Applicant: CHAN LIT HUNG (陳烈雄); Respondent: MING FU BUILDING & ENG. SERVICES LIMITED (名富工程服務有限公司); Respondent: IMG ENGINEERING LIMITED (盈匠工程有限公司); Respondent: 葉國雄經營基業工程有限公司
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 February 2025
Case Number
HCLA24/2024
Procedural Posture
Labour Tribunal Appeals to High Court Under Section 32(1) / Permission to Appeal Hearing (partially Granted)
Outcome
Permission to appeal refused for the factual challenge grounds in Form 14; permission to appeal granted limited to the legal issue whether the Tribunal's order as to Ho Yiu Kwong contravened or exceeded Employment Ordinance s43C (and alternately whether it was beyond jurisdiction). Costs reserved.
Legal Topics
Wages Claims, Statutory Contractor Liability (s43 C), Jurisdiction, Appeal Permission, Evidence Assessment
Source Language
ch
Employment Law Administrative Law Civil Procedure Wages Claims Statutory Contractor Liability (s43 C) Jurisdiction Appeal Permission Evidence Assessment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

SENG SAI SHING (沈世成)

Applicant

SENG HAI YEN (沈海燕)

Applicant

HO YIU KWONG (何耀光)

Applicant

CHAN CHUN KIT JACKY (陳浚傑)

Applicant

HAN GUOHUI (韓國輝)

Applicant

LI HAIQUAN (李海權)

Applicant

CHAN LIT HUNG (陳烈雄)

Applicant

MING FU BUILDING & ENG. SERVICES LIMITED (名富工程服務有限公司)

Respondent

IMG ENGINEERING LIMITED (盈匠工程有限公司)

Respondent

葉國雄經營基業工程有限公司

Respondent

Procedural Posture

Labour Tribunal Appeals to High Court Under Section 32(1) / Permission to Appeal Hearing (partially Granted)

Legal Issues

  1. 1 Whether the Labour Tribunal decision contained a legal error as opposed to fact findings
  2. 2 Whether challenges to the Tribunal's assessment of documentary and witness evidence raise arguable legal questions
  3. 3 Whether liability under Employment Ordinance s43C is limited to two months' wages and whether the Tribunal's order exceeded that statutory limit

Ratio Decidendi

Permission to appeal was refused for grounds that merely challenge the Tribunal's factual assessments because those do not raise arguable legal errors; however permission was granted for a discrete legal question whether the Tribunal's award ordering three months' wages for one claimant exceeded the statutory limitation under Employment Ordinance s43C, which presents an arguable point of law and/or jurisdictional issue.

Court Disposition

Permission to appeal refused for the factual challenge grounds in Form 14; permission to appeal granted limited to the legal issue whether the Tribunal's order as to Ho Yiu Kwong contravened or exceeded Employment Ordinance s43C (and alternately whether it was beyond jurisdiction). Costs reserved.

Orders

  • Refuse leave to appeal on the grounds challenging factual findings and credibility assessments
  • Grant leave to appeal on the newly added ground concerning whether the Tribunal's order as to Ho Yiu Kwong breached Employment Ordinance s43C or exceeded jurisdiction