Hong Kong Case Law: Decisions & Judgments

Topic

Employee misconduct

Legal area

Court

23 Dec 2021

TIEN SAU TONG MEDICINE CO (HONG KONG) LTD v. CHEUNG PO LING AND ANOTHER

Citation

[2021] HKCA 1997
Court

Court of Appeal
Case number

CACV249/2019

The trial judge's credibility findings and holistic evaluation of the evidence were reasonable and supported by the inherent probabilities; there was no sufficient evidence of an oral loan authorizing the withdrawals, so the withdrawals were misappropriations, justifying declarations of constructive trust and tracing; appellate interference was unwarranted and the appeal was dismissed.
21 Jun 2013

PRIMOTEX BUTTON HONG KONG LTD v. CHU MUI YING

Citation

PRIMOTEX BUTTON HONG KONG LTD v. CHU MUI YING
Court

District Court
Case number

DCCJ3168/2011

The court found no reliable evidence of an oral instruction on 15 December 2009 but found the 16 December 2009 e-mail clearly restricted the authority to make any payment to Mr Ho without prior approval. Madam Chu signed payrolls after receipt of the written instruction and authorised a second cheque for salary and double pay without obtaining approval; that conduct was a willful disobedience of a lawful and reasonable order and inconsistent with faithful discharge of duties, justifying summary dismissal under section 9. Primotex however failed to prove actual loss from the payments (statutor…
21 Aug 2009

THREE DIMENSIONS LTD v. LAM CHI KIT, KELLY AND OTHERS

Citation

THREE DIMENSIONS LTD v. LAM CHI KIT, KELLY AND OTHERS
Court

Court of First Instance
Case number

HCA956/2009

The judge concluded on the evidence (notably the December 31, 2007 email and employer returns) that the 1st Defendant was an employee who diverted customer payments into accounts he controlled, giving the Plaintiff a legitimate proprietary claim to the monies; accordingly the Mareva‑style injunction freezing the three specified bank accounts must be continued until trial or further order and the existing limited exceptions to spending should not be varied.
8 Nov 2000

WONG YICK MAN, FRANCIS v. STAR TELECOM INTERNATIONAL HOLDING LTD.

Citation

WONG YICK MAN, FRANCIS v. STAR TELECOM INTERNATIONAL HOLDING LTD.
Court

Court of First Instance
Case number

HCA6174/1997

On the facts the plaintiff's deliberate misrepresentation on 13 December that the board had resolved to require exercise of the Wongs' warrants, together with subsequent incidents, constituted serious misconduct incompatible with his duties as Managing Director and Chief Executive Officer, amounting to a repudiatory breach that justified summary termination under s.9 of the Employment Ordinance and at common law; accordingly the dismissal was lawful and the plaintiff's claims were dismissed.
5 Feb 1979

ATTORNEY GENERAL v. CHIU CHAN WAI-CHU

Citation

ATTORNEY GENERAL v. CHIU CHAN WAI-CHU
Court

Court of Appeal
Case number

CAAR1/1979

The Court allowed the Attorney General’s review as to the daughter: the sustained, large-scale, deceitful diversion of employer funds for self-enrichment by an employee, involving false accounting and documents, warranted immediate custody; the two-year sentence suspended for two years was set aside and replaced by an immediate 12 months' imprisonment. The Court dismissed the review as to the mother: her lesser amounts, unpaid service, intimate relationship and possible influence by the daughter justified leaving the suspended sentence intact.

Hong Kong Case Law

TIEN SAU TONG MEDICINE CO (HONG KONG) LTD v. CHEUNG PO LING AND ANOTHER

PRIMOTEX BUTTON HONG KONG LTD v. CHU MUI YING

THREE DIMENSIONS LTD v. LAM CHI KIT, KELLY AND OTHERS

WONG YICK MAN, FRANCIS v. STAR TELECOM INTERNATIONAL HOLDING LTD.

ATTORNEY GENERAL v. CHIU CHAN WAI-CHU