Hong Kong Case Law: Decisions & Judgments

Topic

Wages

Legal area

Court

13 Feb 2026

羅秉強對實力工程有限公司

Citation

[2026] HKCFI 866
Court

Court of First Instance
Case number

HCLA3/2025

The Labour Tribunal erred in law by failing to consider the 'No Work No Pay' principle and commercial reasonableness in interpreting clauses 3 and 4 of the employment contract; the appeal is allowed and the claims for unpaid wages and payment in lieu of notice (and the employer's counterclaim) are remitted to the Labour Tribunal for rehearing limited to whether, given the Tribunal's factual finding that the employee was absent from 1 January 2024, the employer is required to pay any wages under the correct legal approach (including 'No Work No Pay').
17 Jan 2019

QANTEX CAPITAL MARKETS LTD v. GUEGAN VIANNEY ERIC

Citation

[2019] HKCFI 143
Court

Court of First Instance
Case number

HCA753/2018

The summons for summary determination was dismissed because the core questions as to whether the quarterly payments were wages, commissions or discretionary/annual bonuses turned on disputed factual matters about calculation, allocation from the Bonus Pool and parties' conduct; those factual disputes required trial and cross-examination and could not be resolved summarily.
3 Mar 2017

CHAN SIU FUNG AND OTHERS v. MAN’S BROTHERS CONSTRUCTION CO LTD AND ANOTHER

Citation

CHAN SIU FUNG AND OTHERS v. MAN’S BROTHERS CONSTRUCTION CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCLA47/2015

The presiding officer’s factual finding that the claimants were employees of the Company, supported by credible testimony of Mr SK Man and rejected evidence of the Company’s sole shareholder, was reasonable and supported by the evidence; no legal error was shown warranting reversal; payments and records did not negate the finding that employment commenced after completion of the subcontract, therefore the appeal was dismissed.
3 Mar 2017

CHAN SIU FUNG AND OTHERS v. MAN’S BROTHERS CONSTRUCTION CO LTD

Citation

CHAN SIU FUNG AND OTHERS v. MAN’S BROTHERS CONSTRUCTION CO LTD
Court

Court of First Instance
Case number

HCLA46/2015

The presiding officer’s factual findings that the claimants became employees after completion of the sub‑contract were supported by credible evidence (notably Mr SK Man) and not vitiated by any error of law; on appeals restricted to points of law this court will not disturb reasonable factual conclusions of the tribunal, therefore the appeal is dismissed.
10 Apr 2014

陳琬婷對新中國洗衣有限公司

Citation

陳琬婷對新中國洗衣有限公司
Court

Court of First Instance
Case number

HCLA4/2014

The application for leave to appeal is refused because the consent order was entered after the adjudicator explained and confirmed the settlement which matched the claimed amount, the applicant voluntarily signed the settlement, and the applicant's stated grounds either lack merit or concern matters before a separate Tribunal case; therefore no error of law or excess of jurisdiction under s32 was shown.
8 Jul 2013

LORENZO BUENAVILLA v. LAM YAU MAN

Citation

LORENZO BUENAVILLA v. LAM YAU MAN
Court

Court of First Instance
Case number

HCLA8/2013

No arguable question of law: the employment commenced on actual performance (12 Jan 2012) so wages not payable for unworked days; the Employment Ordinance permits splitting of annual leave subject to s41AA; the contract defines 'place of origin' as Pangasinan so return passage obligation covers Pangasinan and clause 7(b) fixes a daily travelling and food allowance which covers local bus fares, and clause 7(b) does not extend to departure from Macau as it is not the defined place of origin.
16 Apr 2010

KWAN SIU WA BECKY v. CATHAY PACIFIC AIRWAYS LTD

Citation

KWAN SIU WA BECKY v. CATHAY PACIFIC AIRWAYS LTD
Court

Court of First Instance
Case number

HCMP2362/2009

Leave to appeal was granted because the questions whether the specified allowances/commission are wages under ss 41(2) and 41C(2), whether the 'Days without Duties' provision can discharge statutory holiday obligations for an hourly paid employee, and whether contractual annual leave pay must be calculated the same as statutory annual leave pay involve points of law of general public importance.
19 Jan 2009

LAM PIK SHAN v. HONG KONG WING ON TRAVEL SERVICE LTD

Citation

LAM PIK SHAN v. HONG KONG WING ON TRAVEL SERVICE LTD
Court

Court of Final Appeal
Case number

FAMV55/2008

The net tips were sums received by employees in connection with their employment, were recognised by the employer as part of wages, fell within the statutory definitions in Cap 57 s.2(1), and there was no inescapable contrary intention to exclude them; therefore the proposed appeal was not reasonably arguable and leave to appeal was refused.
28 Nov 2007

WONG YIN FONG v. ISS HONG KONG SERVICES LTD

Citation

WONG YIN FONG v. ISS HONG KONG SERVICES LTD
Court

Court of Appeal
Case number

CACV406/2005

The Court upheld concurrent factual findings that the 11:00pm–7:00am shift in the written and MTRC contract was the contractual working hours and the early leaving practice was an indulgence not a contractual term; the employer's redeployment clause lawfully permitted transfers to posts requiring work until 7:00am and thus there was no repudiatory breach or constructive dismissal; attendance bonus is part of wages under the Employment Ordinance and therefore forms part of annual leave pay; nondisclosure of certain documents did not produce a substantial miscarriage of justice sufficient to ov…
11 Jul 2007

LAM PIK SHAN v. HONG KONG WING ON TRAVEL SERVICE LTD

Citation

LAM PIK SHAN v. HONG KONG WING ON TRAVEL SERVICE LTD
Court

Court of First Instance
Case number

HCLA19/2006

The Court allowed the appeal and held that net tips and service charges pocketed by the tourist guide formed part of her wages because the employer participated in, regulated and benefited from the tipping mechanism (head tax, handbook rules, reporting to IRD, income certification), thereby recognising those tips as wages within the meaning of the Employment Ordinance; the Tribunal erred in inferring a collateral contract and must remit the matter for assessment of quantum.