Hong Kong Case Law: Decisions & Judgments

Topic

Employment status (employee vs independent contractor)

Legal area

Court

28 Jun 2024

DENG XIUMING (邓秀明) for herself and on behalf of the members of the family of WONG CHEUK KEUNG (黃灼强), deceased v. SO TSZ KIN t/a 溢星棚業 (蘇子健經營溢星棚業) AND OTHERS

Citation

[2024] HKDC 975
Court

District Court
Case number

DCEC1142/2022

The court found on the totality of evidence that the deceased was a casual employee of R1 and the fatal accident arose out of and in the course of that employment; section 11(1) was inapplicable because the deceased had not been employed by R1 for a month, and section 11(2) second limb applied such that pre-accident earnings were calculated from March and April 2021 wages together with Census & Statistics Department daily wage figures for other months to yield average monthly earnings of HK$16,644.22, giving s6(1)(a) compensation HK$1,398,114.40; reasonable funeral expenses HK$68,858 were all…
30 Sept 2009

WONG YU TUI v. 劉禮納 AND ANOTHER

Citation

WONG YU TUI v. 劉禮納 AND ANOTHER
Court

District Court
Case number

DCEC886/2008

On the balance of probabilities the judge preferred the evidence of Tui and his co-workers over Lau; the factual matrix (lack of independent business arrangements, expectation of daily wage, absence of evidence that Tui provided equipment, questions asked about who would pay wages) established an employment relationship and therefore liability under the Employees Compensation Ordinance; judgment entered for the agreed compensation.
26 Mar 2007

MOHAMMAD MUNIR v. YAU KEI TAK AND ANOTHER

Citation

MOHAMMAD MUNIR v. YAU KEI TAK AND ANOTHER
Court

District Court
Case number

DCEC251/2006

On the balance of probabilities the evidence was insufficient to establish that the Applicant was either an employee or an independent contractor of the 1st Respondent in relation to the Regalia Bay works; consequently the Applicant could not establish liability against the 2nd Respondent and the claim is dismissed; further, the s.24(6) notice requirement must be strictly complied with and cannot be condoned in these circumstances.
22 Dec 2005

WONG CHUN NAM v. TANG KOON KAU

Citation

WONG CHUN NAM v. TANG KOON KAU
Court

District Court
Case number

DCEC1119/2003

Applicant was an employee of the Respondent because Respondent exercised control, supplied equipment (trucks), paid wages, bore no financial risk for Applicant, and organised delivery work; the Accident occurred in the course of employment; medical evidence established significant orthopaedic injuries and surgeries causing a 25% loss of earning capacity (court increases Board assessment from 15% to 25%); certified sick leave periods supported periodical payments including specified periods beyond 24 months under section 10(5); medical expenses of HK$11,217 were recoverable; total statutory co…
24 Mar 2004

CAESAR\'S EMPIRE KARAOKE (a firm) v. LAM CHUEN IP AND OTHERS

Citation

CAESAR\'S EMPIRE KARAOKE (a firm) v. LAM CHUEN IP AND OTHERS
Court

Court of First Instance
Case number

HCA4594/2003

There were multiple genuine triable issues (employment relationship, nature and authenticity of contracts and key money, alleged illegality/immoral basis) which could not be resolved summarily; accordingly defendants were granted unconditional leave to defend under Order 14, and the plaintiff's applications for interlocutory and final injunctions, summary judgment/Order 14A determinations and interim payments were refused as inappropriate at this stage.

Hong Kong Case Law

DENG XIUMING (邓秀明) for herself and on behalf of the members of the family of WONG CHEUK KEUNG (黃灼强), deceased v. SO TSZ KIN t/a 溢星棚業 (蘇子健經營溢星棚業) AND OTHERS

WONG YU TUI v. 劉禮納 AND ANOTHER

MOHAMMAD MUNIR v. YAU KEI TAK AND ANOTHER

WONG CHUN NAM v. TANG KOON KAU

CAESAR\'S EMPIRE KARAOKE (a firm) v. LAM CHUEN IP AND OTHERS