TSANG WAI BONG v. LANGHAM HOTELS (LPHK) LTD

TSANG WAI BONG v. LANGHAM HOTELS (LPHK) LTD

Section 21(2) permits reasons to be given orally and does not impose a requirement to reduce reasons to writing; section 21(3) requires reduction to writing only for the award or order itself within 14 days. Because oral reasons were given at the hearing and a written order was served the same day, there was no legal duty to provide written reasons and no arguable point of law for leave to appeal; accordingly refusal to provide written reasons was lawful and the transfer to the Labour Tribunal was justified.

Citation
TSANG WAI BONG v. LANGHAM HOTELS (LPHK) LTD
Parties
Claimant/appellant: Tsang Wai Bong; Defendant/respondent: Langham Hotels (LPHK) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 March 2016
Case Number
HCME3/2015
Procedural Posture
Minor Employment Claims Adjudication Board Appeal (transfer to Labour Tribunal) / Application for Leave to Appeal on Point of Law (leave Application)
Outcome
Application for leave to appeal dismissed
Legal Topics
Statutory Interpretation, Right to Reasons, Transfer of Proceedings to Labour Tribunal, Leave to Appeal on Point of Law, Procedural Fairness
Source Language
EN
Employment Law Administrative Law Constitutional Law Civil Procedure Statutory Interpretation Right to Reasons Transfer of Proceedings to Labour Tribunal Leave to Appeal on Point of Law +1 more

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Parties

Tsang Wai Bong

Claimant/appellant

Langham Hotels (LPHK) Limited

Defendant/respondent

Procedural Posture

Minor Employment Claims Adjudication Board Appeal (transfer to Labour Tribunal) / Application for Leave to Appeal on Point of Law (leave Application)

Legal Issues

  1. 1 Whether the Adjudication Officer was legally required to provide written reasons for his order within 14 days
  2. 2 Whether section 21 of the Minor Employment Claims Adjudication Board Ordinance requires reasons to be reduced to writing and served
  3. 3 Whether refusal to provide written reasons breached rights under the Basic Law, ICCPR or Bill of Rights

Ratio Decidendi

Section 21(2) permits reasons to be given orally and does not impose a requirement to reduce reasons to writing; section 21(3) requires reduction to writing only for the award or order itself within 14 days. Because oral reasons were given at the hearing and a written order was served the same day, there was no legal duty to provide written reasons and no arguable point of law for leave to appeal; accordingly refusal to provide written reasons was lawful and the transfer to the Labour Tribunal was justified.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The claimant's application for leave to appeal is dismissed.