29 Dec 2022
The application for leave was dismissed because prosecutorial decisions by the Department of Justice are not amenable to conventional judicial review under Article 63 of the Basic Law, the applicant did not identify any arguable constitutional excess by the DoJ, and there was no realistic prospect of success.
28 Nov 2007
There is a serious question to be tried and a strong likelihood that the Employment Ordinance does not apply because the proper law and employer are English; the non-compete clause is likely to be found reasonable and necessary to protect HSBC's confidential information/trade secrets; damages would be inadequate; accordingly interlocutory injunctions restraining Defendant from working for Citigroup until 28 December 2007 and from being concerned in competing Asia-Pacific business for six months after termination (less garden leave) should be granted pending trial.
11 Jul 2007
The Court allowed the appeal and held that net tips and service charges pocketed by the tourist guide formed part of her wages because the employer participated in, regulated and benefited from the tipping mechanism (head tax, handbook rules, reporting to IRD, income certification), thereby recognising those tips as wages within the meaning of the Employment Ordinance; the Tribunal erred in inferring a collateral contract and must remit the matter for assessment of quantum.