18 Apr 2008
FONG YAU HEI v. GAMMON CONSTRUCTION LTD AND OTHERS
- Citation
- FONG YAU HEI v. GAMMON CONSTRUCTION LTD AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV13/2007
Section 7(1) CECO operates as a law governing the contract of service and therefore falls within Article 3(e) of the 1976 Convention, excluding the Convention limitation for the employee's claim; s.18(1) CECO does not negate s.7(1) because the Convention does not expressly or by necessary implication authorize or require contractual provisions limiting liability, so the appellants cannot rely on the Convention limitation; accordingly the appeal is dismissed.