27 Nov 2025
HUI TO YING v. SUN KWONG MING AND ANOTHER
- Citation
- [2025] HKDC 1790
- Court
- District Court
- Case number
- DCEC1759/2021
Applying the indicia in Poon Chau Nam, the court found the applicant was an employee because he was paid a fixed daily rate, worked under the 1st respondent's direction and supervision, had no opportunity to profit or suffer loss from projects, did not hire helpers, and worked jointly with the 1st respondent on site; therefore statutory compensation under ss 9, 10 and 10A was payable and s10(5) limits periodical payments to 36 months (944 days), with agreed loss rate 2.5% and agreed daily wage and attendance figures determining quantum.