Hong Kong Case Law

何偉玲 對 香港音樂教育有限公司

Court

Court of First Instance

Case number

HCLA6/2026

Leave to appeal was refused because the appellant failed to demonstrate any arguable legal error or jurisdictional flaw in the Tribunal's factual finding that the claimant was an employee; the Tribunal's assessment of evidence (regular monthly payments, MPF contributions, IR56B reporting and the employer's termination notice) provided a rational evidential basis for its conclusion and this court lacks power to overturn such factual findings under s35(2).

Source excerpt

• Employment relationship
• Termination
• Unpaid wages
• Notice pay
• Commission
• Credibility assessment

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羅秉強 對 實力工程有限公司

Court

Court of First Instance

Case number

HCLA3/2025

Leave to appeal was granted because the adjudicator’s factual finding that the employee was continuously absent from 1 Jan 2024 to 8 Mar 2024 gave rise to a debatable legal issue whether the employee was nevertheless contractually entitled to monthly wages (including rest days) and whether the existence or non-existence of unpaid wages engaged Employment Ordinance s10A; the questions whether Sundays/rest days are encompassed by the monthly wage and whether proportional deductions were contractually and reasonably applied are arguable legal points meriting appellate consideration. The adjudica…

Source excerpt

• Unpaid wages
• Statutory termination (s10a)
• Annual leave record-keeping
• Notice pay
• Contract interpretation
• Jurisdiction to grant leave

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香港特別行政區 訴 紅健坊健康產品有限公司及另一人

Court

Court of First Instance

Case number

HCMA220/2024

The court held the sentencing magistrate did not err in principle and the aggregate fines (A1 HK$42,000; A2 HK$36,000) were not manifestly excessive given (i) two employees affected with individual arrears exceeding HK$100,000, (ii) significant delay in compliance with Labour Tribunal orders, (iii) the seriousness of wage-default offences as reflected in statutory maximum penalties and case law; mitigating factors (guilty pleas, repayment, first offences, financial difficulty) were considered but were insufficient to justify reducing the fines, so the appeal was dismissed and original sentenc…

Source excerpt

• Unpaid wages
• Wage theft
• Director liability
• Sentencing
• Labour tribunal orders

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謝英傑 對 皇城企業有限公司及另一人

Court

Court of First Instance

Case number

HCLA15/2023

Leave to appeal was granted because the case raises substantial questions of law and fact about employment status and because the Tribunal's reasoning on summary dismissal and the quantum of unpaid wages lacked sufficient factual exposition, warranting appellate consideration and review of the hearing transcript.

Source excerpt

• Employment status
• Summary dismissal
• Unpaid wages
• Evaluation of evidence

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WONG WAI HUNG v. EASTFORM INDUSTRIES LTD

Court

Court of First Instance

Case number

HCLA17/2022

The High Court granted limited leave to appeal in a labour dispute over whether payments were wages or living allowances in a personal relationship context.

• Employment relationship
• Unpaid wages
• Credibility findings
• Leave to appeal
• Cohabitation/extramarital relationship
• Tax and mpf implications

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庾玉萍及另二人 對 蔡育培經營松健莊及另一人

Court

Court of First Instance

Case number

HCLA10/2022

The Tribunal's findings that the claimants had passed probation, that wages had been unpaid for over one month, and that s10A of the Employment Ordinance thus operated to treat the contracts as terminated by the employer were supported by the evidence and correct in law; the appellant failed to demonstrate any arguable error of law or excess of jurisdiction and could not introduce new evidence on a leave application, therefore leave to appeal was refused.

Source excerpt

• Unpaid wages
• Probation and dismissal
• Statutory termination (employment ordinance s10a)
• Appeal on point of law
• Contra proferentem

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洪錦水 對 富林工程營造有限公司及另一人

Court

Court of First Instance

Case number

HCLA6/2022

The applicant failed to demonstrate any error of law in the Labour Tribunal's decision; the High Court will not re‑open or overturn the tribunal's factual and credibility findings on an application for leave to appeal; accordingly leave to appeal is refused and the tribunal's deductions of the payments stand.

Source excerpt

• Unpaid wages
• Leave to appeal
• Standard of review
• Evidential burden
• Deduction of payments

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VANSOVYCH ANDRIY AND OTHERS v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “STARRY METROPOLIS”

Court

Court of First Instance

Case number

HCAJ76/2020

The Court of First Instance struck out defences in crew wage claims against the vessel “Starry Metropolis”, finding them bare denials and an abuse of process.

• Unpaid wages
• Strike out of defences
• Abuse of process
• Repatriation
• Sale pendent lite
• Strike-out-of-defence

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劉澍財 對 炬暉貿易有限公司

Court

Court of First Instance

Case number

HCLA9/2021

The applicant failed to demonstrate any error of law or that the Labour Tribunal exceeded its jurisdiction; the Tribunal's credibility-based factual findings and discretionary costs decision were within lawful bounds, therefore leave to appeal is refused.

Source excerpt

• Unpaid wages
• Variation of employment contract
• Credibility findings
• Leave to appeal
• Costs

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羅孟君 對 香港通大國際投資有限公司

Court

Court of First Instance

Case number

HCLA13/2018

Leave to appeal was granted because the applicant demonstrated arguable grounds: the tribunal's finding that the contract ended on 27 Oct 2016 lacked reasonable legal or factual basis given contemporaneous documents and notices; the reliability of attendance records and the tribunal's exclusive acceptance of one witness over other contemporaneous evidence gave rise to arguable perverse findings of fact; and there were arguable errors in failing to investigate relevant matters and in legal interpretation of contract clauses affecting overtime and compensatory leave, such that an appeal merits…

Source excerpt

• Unpaid wages
• Overtime
• Rest day compensation
• Notice pay
• Termination payment
• Credibility of witnesses

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