Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Definition of employment

Legal area

Court

8 Jul 2015

HKSAR v. JESURAJAH ROBINSON AND AND ANOTHER

Citation

HKSAR v. JESURAJAH ROBINSON AND AND ANOTHER
Court

Court of First Instance
Case number

HCMA848/2012

The application for a certificate was refused because the judge found no point of law of great and general importance arose from her decision, the convictions were supported by the evidence on the proper application of the modern employment test, and the applicant's submissions were not reasonably arguable or sufficiently specified to warrant certification.
10 Apr 1996

THE QUEEN v. IP PO FAI

Citation

THE QUEEN v. IP PO FAI
Court

Court of First Instance
Case number

HCMA1201/1995

The convictions were unsafe because the Crown's case relied only on the presence of the two non‑lawfully employable persons performing tasks in the shop and the inference of employment was not the only reasonable inference given the plausible alternative explanation (relatives/friends staying with the appellant's mother); therefore employment was not proved beyond reasonable doubt and convictions must be quashed.