Hong Kong Case Law: Decisions & Judgments

Topic

Employment status vs independent contractor

Legal area

Court

6 Sept 2013

WING YIP DEVELOPMENT (HONG KONG) COMPANY LTD v. TSE KWONG CHUNG

Citation

WING YIP DEVELOPMENT (HONG KONG) COMPANY LTD v. TSE KWONG CHUNG<br>
Court

Court of First Instance
Case number

HCA1507/2006

The court found on the balance of probabilities that no contract of employment existed between Wing Yip and Tse; instead Ho and Tse entered an agreement as equal partners using Wing Yip as the corporate vehicle to undertake projects introduced by Tse and to share profits 50:50; the four lump sum payments totalling HKD 1,700,000 were interim distributions of Tse’s profit share not loans; consequentially the plaintiff's claim (HCA 1507/2006) was dismissed and the defendant/plaintiff in HCA 2233/2006 was entitled to an account of all income, expenses and profits of the joint venture (including p…
30 Dec 2011

DAHIYA RAVINDER SINGH v. ANGEL GARMENT LTD

Citation

DAHIYA RAVINDER SINGH v. ANGEL GARMENT LTD
Court

Court of First Instance
Case number

HCLA25/2011

The factual findings established the claimant was an independent consultant paid commission with advance payments forming part of that commission, the consultancy was terminated in September 2008, the claimant had been paid in excess of any commission entitlement, and there was no arguable point of law; accordingly the application for leave to appeal was dismissed and the Labour Tribunal had no jurisdiction over the tort claim absent an employment contract.
3 Mar 2003

LINE ANALYTICS LIFE SCIENCES LTD. v. LINE ANALYTICS LTD. AND ANOTHER

Citation

LINE ANALYTICS LIFE SCIENCES LTD. v. LINE ANALYTICS LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA3046/2002

Applying Lansing Linde, because trial could not be held before the one‑year restraint expired, the court must assess the merits; the non‑solicitation clause was wider than necessary (worldwide, covering parties not transferred and customers), the plaintiff failed to show it was more likely than not to succeed at trial, the balance of convenience favoured the 2nd defendant and therefore the interlocutory injunction was not continued.
27 Feb 1984

NG SHING-CHUN v. TYE DRY CLEANERS & LAUNDRY CO LTD AND OTHERS

Citation

NG SHING-CHUN v. TYE DRY CLEANERS & LAUNDRY CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1004/1981

The court found the 2nd defendant negligent and held that the 3rd defendant and the drivers were employees (not independent contractors) of the 1st defendant because the 1st defendant controlled manner and routing of work; accordingly the 1st defendant was vicariously liable. Contributory negligence was assessed at 40% and damages were quantified as set out in the judgment.

Hong Kong Case Law

WING YIP DEVELOPMENT (HONG KONG) COMPANY LTD v. TSE KWONG CHUNG

DAHIYA RAVINDER SINGH v. ANGEL GARMENT LTD

LINE ANALYTICS LIFE SCIENCES LTD. v. LINE ANALYTICS LTD. AND ANOTHER

NG SHING-CHUN v. TYE DRY CLEANERS & LAUNDRY CO LTD AND OTHERS