Hong Kong Case Law: Decisions & Judgments

Topic

Employment status (employee v subcontractor)

Legal area

Court

12 Feb 2017

WONG SAN FAT 訴 HYPERCUBE INTERIOR DESIGN LTD AND ANOTHER

Citation

WONG SAN FAT 訴 HYPERCUBE INTERIOR DESIGN LTD AND ANOTHER
Court

District Court
Case number

DCEC2176/2015

Applicant was not employed by the first respondent but was an employee of the second respondent at the time of the accident. The court calculated monthly income at HK$15,854 using combined earnings over the relevant period per s.11(b). Applying the review assessment of 5% permanent loss, s.9 compensation was HK$38,050; s.10 temporary incapacity compensation was HK$90,051 based on 213 certified days of incapacity; s.10A medical expenses awarded HK$1,595. Prior payments of HK$20,700 are deductible, producing a net award of HK$108,996. Interest and costs awarded as set out in the judgment.
8 Nov 2016

CHEN BIJUN v. SO YEE CHUN

Citation

CHEN BIJUN v. SO YEE CHUN
Court

Court of First Instance
Case number

HCPI110/2015

On the balance of credibility the court preferred D's evidence over P's, found that P was a subcontractor not an employee of D, drew an adverse inference from P's failure to call a material witness (Ah Pun), and concluded that D was not liable to P in the asserted capacity as employer; accordingly P's claim failed on liability.
16 Jun 2008

LEUNG CHUN PONG v. CHENG MAN TUNG t/a CHUN YEUNG MACHINE MAINTENANCE WORKS

Citation

LEUNG CHUN PONG v. CHENG MAN TUNG t/a CHUN YEUNG MACHINE MAINTENANCE WORKS
Court

Court of First Instance
Case number

HCPI296/2007

The court found, on the overall impression of indicia (control, provision of tools, fixed hours, daily pay plus overtime, transport and supervision), that the Plaintiff was an employee; the Defendant owed a duty of care both as employer and under common law neighbourhood principle; the Defendant breached that duty by failing to secure the high‑pressure discharge hose and by not ensuring a safe system of work; that breach caused the Plaintiff's loss of sight; contributory negligence was rejected; judgment for Plaintiff with quantified damages awarded.
14 Sept 2001

TING KWOK KEUNG v. TAM DICK YUEN t/a TAM DICK YUEN ENGINEERING AND OTHERS

Citation

TING KWOK KEUNG v. TAM DICK YUEN t/a TAM DICK YUEN ENGINEERING AND OTHERS
Court

Court of Appeal
Case number

CACV751/2000

The Court granted leave to appeal to the Court of Final Appeal because it was sufficiently uneasy that the Court of Appeal may have substituted its own view of the evidence rather than applying the correct test (that the judge was plainly wrong), combined with the absence of usefulness in ordering a retrial and the award amount being close to the statutory threshold, so that the interests of justice required granting leave.

Hong Kong Case Law

WONG SAN FAT 訴 HYPERCUBE INTERIOR DESIGN LTD AND ANOTHER

CHEN BIJUN v. SO YEE CHUN

LEUNG CHUN PONG v. CHENG MAN TUNG t/a CHUN YEUNG MACHINE MAINTENANCE WORKS

TING KWOK KEUNG v. TAM DICK YUEN t/a TAM DICK YUEN ENGINEERING AND OTHERS