Hong Kong Case Law: Decisions & Judgments

Topic

Construction of employment contracts

Legal area

Court

15 May 2025

LAI SUET LAN VIVIAN AND OTHERS v. WILLAS-ARRAY ELECTRONICS MANAGEMENT LTD

Citation

[2025] HKCFI 2009
Court

Court of First Instance
Case number

HCLA12/2025

The application for leave to appeal was dismissed because the Presiding Officer correctly found as a matter of fact that the end-of-year payments were contractual and correctly applied the legal principle that clear and precise words are required to reserve a unilateral power to vary employment contracts; there was no effective unilateral variation and no arguable point of law for appeal.
28 Jul 2011

CAMPBELL RICHARD BLAKENEY-WILLIAMS AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER

Citation

CAMPBELL RICHARD BLAKENEY-WILLIAMS AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV66/2009

The court refused leave to appeal because the contested issues (construction of termination letters and most questions on defamation quantum) were case-specific and not reasonably arguable as matters of law such that they raised questions of general or public importance under section 22(1)(b); only the question about cross-checking defamation awards against personal injury awards raised broader comment but was not determinative in this case. Costs of the plaintiffs' applications were ordered to the defendants.
17 Dec 2003

CHUNG WO SANG, FUTURE v. TAI LIN RADIO SERVICE LTD

Citation

CHUNG WO SANG, FUTURE v. TAI LIN RADIO SERVICE LTD
Court

Court of First Instance
Case number

HCMP3042/2003

The Court of Appeal granted leave because the appeal raises a question of law of general public importance: whether on true construction the commission was payable only at the employer's discretion without regard to s.70 Employment Ordinance and contra proferentem, and whether contractual discretion is subject to a rationality standard; the judge below did not address s.70 or contra proferentem and appellate consideration of the Clark principle is required.

Hong Kong Case Law

LAI SUET LAN VIVIAN AND OTHERS v. WILLAS-ARRAY ELECTRONICS MANAGEMENT LTD

CAMPBELL RICHARD BLAKENEY-WILLIAMS AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER

CHUNG WO SANG, FUTURE v. TAI LIN RADIO SERVICE LTD