Hong Kong Case Law: Decisions & Judgments

Topic

Mandatory provident fund (mpf)

Legal area

Court

3 Jul 2019

MOK HON KIN PATRICK v. C3S FAR EAST LTD

Citation

[2019] HKDC 798
Court

District Court
Case number

DCCJ4860/2015

Court found defendant proved that plaintiff submitted and obtained reimbursement for expense items not incurred for company business (Octopus top‑ups beyond reasonable limit, taxi fares, entertainment), that no MPF sponsorship oral agreement was established, and that the handbook forfeiture clause was not incorporated; plaintiff established some contractual annual leave entitlement but 15 days (2007) were time‑barred; set‑off resulted in dismissal of plaintiff's claim and judgment for defendant for HK$335,092.92 plus interest and costs.
2 Dec 2014

YUNG CHI KEUNG v. PROTECTION OF WAGES ON INSOLVENCY FUND BOARD AND ANOTHER

Citation

YUNG CHI KEUNG v. PROTECTION OF WAGES ON INSOLVENCY FUND BOARD AND ANOTHER
Court

Court of Appeal
Case number

CACV37/2014

Section 16(1) of Cap 380 must be construed to require the Commissioner to use as the starting point either the s31G severance figure or the capped amount computed under s16(2)(f)(i), whichever is less, and then deduct any s31I benefits (eg MPF) to arrive at the ex gratia payment; the Commissioner does not have a general unfettered discretion to determine the quantum beyond that statutory formula.
9 Aug 2013

ZHONG RUYIN v. FUK ON HOME OF AGED LIMITED

Citation

ZHONG RUYIN v. FUK ON HOME OF AGED LIMITED
Court

Court of Appeal
Case number

CACV130/2012

Because the defendant succeeded in substantially reducing the claimant's award on appeal, the court ordered that the defendant recover the costs of the appeal (including the leave application) and set aside the trial judge's enhanced interest order as the sanctioned offer was no longer an applicable consideration, substituting detailed costs and interest directions.
8 Feb 2005

POON CHAU NAM v. YIM SIU CHEUNG t/a YAT CHEUNG AIRCONDITIONING & ELECTRIC CO.

Citation

POON CHAU NAM v. YIM SIU CHEUNG t/a YAT CHEUNG AIRCONDITIONING & ELECTRIC CO.
Court

District Court
Case number

DCEC410/2003

The court found no employer-employee relationship because the applicant had the freedom to reject work, could take work from others without permission, was paid irregularly on a per-project basis, required minimal supervision, voluntarily remained on MPF as self-employed, and testimonial letters were unreliable; therefore the application for compensation was dismissed.
6 Feb 2004

SAN-TO, PO YUK HITLER v. WING KWONG PAINTING CO LTD

Citation

SAN-TO, PO YUK HITLER v. WING KWONG PAINTING CO LTD
Court

Court of First Instance
Case number

HCPI387/2002

On the balance of probabilities the court found the ladder supplied by the defendant had a replaced third rung nailed on lower than the original; the defendant breached its non-delegable duty by failing to warn; plaintiff was contributorily negligent to the extent of 50%; damages were assessed on the stated heads and reduced accordingly with credit for prior periodic payments.
16 Aug 2002

LEUNG SIU PING v. MAK SIN YEE AND ANOTHER

Citation

LEUNG SIU PING v. MAK SIN YEE AND ANOTHER
Court

Court of First Instance
Case number

HCPI831/2000

The judge accepted the agreed medical findings and the plaintiff’s evidence of mitigation and residual symptoms, awarded agreed general and special damages, accepted plaintiff’s unemployment was not due to failure to mitigate, adopted a $7,000 multiplicand and a multiplier of 6 for future earnings, rejected claims for loss of earning capacity and speculative future chiropractic treatment, and calculated awards accordingly with interest and costs to plaintiff.
23 May 2002

TSANG WAH LAM v. SUN MAY KING PUBLISHING CO. LTD. t/a SUN MAY KING PRINTING CO.

Citation

TSANG WAH LAM v. SUN MAY KING PUBLISHING CO. LTD. t/a SUN MAY KING PRINTING CO.
Court

Court of First Instance
Case number

HCPI843/2000

Defendant breached statutory and contractual duties by failing to provide adequate guarding to the machine; the plaintiff was acting in accordance with an employer‑condoned practice and in the employer's interest so no contributory negligence is attributable; therefore defendant is 100% liable and plaintiff is entitled to the full assessed damages subject to credit for statutory compensation already paid.

Hong Kong Case Law

MOK HON KIN PATRICK v. C3S FAR EAST LTD

YUNG CHI KEUNG v. PROTECTION OF WAGES ON INSOLVENCY FUND BOARD AND ANOTHER

ZHONG RUYIN v. FUK ON HOME OF AGED LIMITED

POON CHAU NAM v. YIM SIU CHEUNG t/a YAT CHEUNG AIRCONDITIONING & ELECTRIC CO.

SAN-TO, PO YUK HITLER v. WING KWONG PAINTING CO LTD

LEUNG SIU PING v. MAK SIN YEE AND ANOTHER

TSANG WAH LAM v. SUN MAY KING PUBLISHING CO. LTD. t/a SUN MAY KING PRINTING CO.