12 Jan 2006
HONG KONG MING WAH SHIPPING CO LTD v. SUN MIN
- Citation
- HONG KONG MING WAH SHIPPING CO LTD v. SUN MIN
- Court
- Court of Final Appeal
- Case number
- FAMV30/2005
The Appeal Committee refused leave: the transfer order in the facts amounted to termination of the respondent's Hong Kong employment so s15(1)(a) was engaged and conferred maternity protection; purposive construction does not displace the clear statutory protection merely because alternative employment in a group company was offered; the immigration/statutory conflict argument under s17I was a new contention unsupported by evidence below and could not be entertained on leave. Accordingly the leave application fails and is dismissed with costs.