28 May 2007
XU HUAXIAN v. CHAN HOK LIK formerly t/a WAI KON SIN YU AND ANOTHER
- Citation
- XU HUAXIAN v. CHAN HOK LIK formerly t/a WAI KON SIN YU AND ANOTHER
- Court
- District Court
- Case number
- DCEC922/2006
The court accepted that an employment relationship existed but held the injury did not arise out of and in the course of employment because purchasing a newspaper was a personal deviation not incidental to the employee's duties; further, even if the accident were in course of employment the court would not exercise its discretion under s2(2) in favour of the illegal worker given the public policy and funding considerations of the statutory assistance board and the employer's insolvency.