Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Contracts for employment outside hong kong ordinance (cap.78)
  • 17 Aug 2004

    TSUI CHUNG FAI v. KWOK’S FASHION CO LTD

    Citation
    TSUI CHUNG FAI v. KWOK’S FASHION CO LTD
    Court
    Court of First Instance
    Case number
    HCLA154/2003

    The Court held that although paragraph 1(a) of the Labour Tribunal Ordinance Schedule does not cover contracts performed wholly outside Hong Kong (per Matheson), claims for wages and statutory benefits protected by the Employment Ordinance are claims arising from failure to comply with that Ordinance and therefore fall within paragraph 1(b); accordingly the Labour Tribunal has jurisdiction to adjudicate the claimant's claim for wages, end of year payment and annual leave pay even though the employment was performed in Shanghai. The appeal was dismissed.

    • Employment ordinance
    • Labour tribunal jurisdiction
    • Contracts for employment outside hong kong ordinance (cap.78)
    • Forum non conveniens
    • Foreign tax law