Hong Kong Case Law: Decisions & Judgments

Topic

Termination and notice

Legal area

Court

12 Sept 2019

LAW TING PONG SECONDARY SCHOOL v. CHEN WAI WAH

Citation

[2019] HKCFI 2236
Court

Court of First Instance
Case number

HCLA22/2018

Terms contained in the Letter of Acceptance did not form part of the contract because they were not included in the respondent's original offer; the Offer of Appointment incorporated only the Conditions of Service which fixed the employment start date as 1 September 2017, therefore the employment did not commence on 17 July 2017 and the appellant was not liable for payment in lieu of notice; appeal allowed and claim dismissed.
4 Dec 1986

HAR SIO YING ALSO KNOWN AS LAW HAR SIO YING v. CHUNG YAU CHEUNG

Citation

HAR SIO YING ALSO KNOWN AS LAW HAR SIO YING v. CHUNG YAU CHEUNG
Court

Court of First Instance
Case number

HCA2370/1986

Construing the Chinese agreement as a lease, clause permitting revocation must be read to allow the plaintiff to give notice to recover possession for a prima facie genuine reason subject to a minimum of three months' notice (informed by ss.122 and 127(B)); the plaintiff's notice taken as a whole amounted to sufficient notice and the defendant was a trespasser from 16 April 1986, entitling the plaintiff to possession and damages.
28 Mar 1979

UNIVERSAL DOCKYARD LTD v. HO KING SANG NICHOLAS

Citation

UNIVERSAL DOCKYARD LTD v. HO KING SANG NICHOLAS
Court

Court of Appeal
Case number

CACV83/1978

The Court of Appeal allowed the appeal: the written contract was clear that bonus/gratuity of HK$20,000 was payable only on completion of one year (and HK$25,000 after second year); no implied term for pro rata payment could be read into the clear written terms because it was not necessary for business efficacy nor 'so obvious it goes without saying'.

Hong Kong Case Law

LAW TING PONG SECONDARY SCHOOL v. CHEN WAI WAH

HAR SIO YING ALSO KNOWN AS LAW HAR SIO YING v. CHUNG YAU CHEUNG

UNIVERSAL DOCKYARD LTD v. HO KING SANG NICHOLAS