4 Mar 2021
MA NGAI CHEUNG v. COBOW CONTRACTING & ENGINEERING CO LTD
- Citation
- [2021] HKDC 264
- Court
- District Court
- Case number
- DCCJ3925/2020
On the face of the pleadings the Two Subject Items can be regarded as arising from a failure to comply with s25 of the Employment Ordinance and fall within paragraph 1(b); however, because the employment was performed outside Hong Kong there exists a 'second order' question as to whether there was an employment relationship and the true contractual terms (involving conflict-of-laws issues) which is not plain and obvious and therefore not suitable for summary striking out; accordingly the defendant's application to strike out is dismissed.