Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Employment ordinance s65(2)
  • 31 Aug 2018

    香港特別行政區 訴 李本立

    Citation
    [2018] HKCFI 2000
    Court
    Court of First Instance
    Case number
    HCMA288/2017

    Section 65(2) applies because the statutory definition of ‘employer’ includes a director/authorized agent; the acquittal was properly interpreted as based on lack of control on the charged date (liquidation) which satisfies the statutory ground for acquittal under s65(2); on the evidence the trial judge reasonably found the company and director had, before liquidation, the ability or intent to divert funds and deliberately avoid payment of the tribunal award, so the exercise of discretion to order the appellant to pay the outstanding award was lawful and not vitiated by error; refusal of cost…