TONG PUN CHUNG AND OTHERS v. TOP EXPRESS ENGINEERING LTD

TONG PUN CHUNG AND OTHERS v. TOP EXPRESS ENGINEERING LTD

The application for leave to appeal was dismissed because the Presiding Officer's findings were adequate and supported by the evidence, his investigation into the authenticity of documents fell within permissible discretion and there was no real prospect of success on the proposed points of law; accordingly the stay of execution was lifted and claimants may apply to withdraw their awards from funds paid into court.

Citation
TONG PUN CHUNG AND OTHERS v. TOP EXPRESS ENGINEERING LTD
Parties
Claimant: TONG PUN CHUNG; Claimant: LAW SAI KWAN; Claimant: PANG GAP; Claimant: TSANG YUEN; Claimant: CHAN PO MUI; Claimant: TANG YUK NUEN; Claimant: KWOK HO TAK; Claimant: FONG NANG PO; Defendant: TOP EXPRESS ENGINEERING LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 October 2002
Case Number
HCLA71/2002
Procedural Posture
Labour Tribunal Appeal to High Court / Application for Leave to Appeal on Point of Law After Labour Tribunal Review Hearings
Outcome
Application for leave to appeal dismissed
Legal Topics
Statutory Employer Liability Under Employment Ordinance, Section 43 C Liability, Labour Tribunal Review Procedure, Authentication of Documentary Evidence
Source Language
EN
Employment Law Civil Procedure Administrative Law Statutory Employer Liability Under Employment Ordinance Section 43 C Liability Labour Tribunal Review Procedure Authentication of Documentary Evidence

Case Brief

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Parties

TONG PUN CHUNG

Claimant

LAW SAI KWAN

Claimant

PANG GAP

Claimant

TSANG YUEN

Claimant

CHAN PO MUI

Claimant

TANG YUK NUEN

Claimant

KWOK HO TAK

Claimant

FONG NANG PO

Claimant

TOP EXPRESS ENGINEERING LTD

Defendant

Procedural Posture

Labour Tribunal Appeal to High Court / Application for Leave to Appeal on Point of Law After Labour Tribunal Review Hearings

Legal Issues

  1. 1 Whether Presiding Officer made sufficient factual findings required for liability under s43C of the Employment Ordinance
  2. 2 Whether the Presiding Officer failed in his duty to investigate authenticity of key documents (Exhibits C27-8 and C33-8)
  3. 3 Whether the status of certain workers changed from independent contractors to employees and whether findings were supported by evidence

Ratio Decidendi

The application for leave to appeal was dismissed because the Presiding Officer's findings were adequate and supported by the evidence, his investigation into the authenticity of documents fell within permissible discretion and there was no real prospect of success on the proposed points of law; accordingly the stay of execution was lifted and claimants may apply to withdraw their awards from funds paid into court.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Stay of execution ordered by Master Ho lifted
  • C27 to C34 to be notified that each may seek payment out of the money paid into court to the extent of his entitlement under the award dated 2 May 2002