Hong Kong Case Law: Decisions & Judgments

Topic

Contract of service

Legal area

Court

10 Jul 2004

POON SIU KUEN AND OTHERS v. PINE CORPORTION LTD

Citation

POON SIU KUEN AND OTHERS v. PINE CORPORTION LTD
Court

Court of First Instance
Case number

HCLA71/2001

The Presiding Officer erred in treating absence of mutuality of obligation at Freedland's second level as fatal to finding a contract of service for each specific engagement; for each engagement mutuality is satisfied by the obligation to perform work for remuneration (first level) and control considerations determine whether that contract is a contract of service; mutuality on the second level is only decisive where a claimant must rely on a global/umbrella contract to meet statutory continuous employment thresholds under the Employment Ordinance.
19 Nov 1991

CHAN SHUI MAN v. TSANG HING SHAN t/a YICK LUEN FURNITURE DESIGN

Citation

CHAN SHUI MAN v. TSANG HING SHAN t/a YICK LUEN FURNITURE DESIGN
Court

Court of Appeal
Case number

CACV98/1991

Given the factual findings of the trial judge — in particular that the respondent expressly treated and engaged the applicant as a self‑employed contractor, paid per job, imposed liabilities for defective work and did not accord employment benefits — the judge's conclusion that the applicant was an independent contractor was reasonably open on the facts and the appeal must be dismissed.
28 Nov 1980

LAW YUK-MING AND OTHERS v. ATTORNEY GENERAL

Citation

LAW YUK-MING AND OTHERS v. ATTORNEY GENERAL
Court

Court of Appeal
Case number

CACV44/1980

The Court held that Article XVI of the Hong Kong Letters Patent empowers the Governor to suspend public officers and that such suspension can include suspension without pay; Colonial Regulations are subordinate instructions binding the Governor but do not form part of officers' contracts; Government Regulations (including C.S.Rs) are incorporated into contracts of service and, given the express contractual reservation permitting unilateral variation, C.S.R.611 validly became a term of service on promulgation and did not conflict with Colonial Regulations; consequently the appellants' declarat…
YU SING YUK v. HONG KONG & KOWLOON WHOLESALE SALT CO LTD

Citation

YU SING YUK v. HONG KONG & KOWLOON WHOLESALE SALT CO LTD
Court

District Court
Case number

DCEC148/1983

The applicant, though engaged as a casual coolie through a head coolie, was working for the Respondent for the purposes of the Respondent's business, the head coolie acted as agent for the gang, residual control existed through the Respondent's employee Siu, and the accident arose out of and in the course of that employment; accordingly the applicant was an employee under the Ordinance and the Respondent was liable to pay compensation of $6,048 under s.9 and $11,808 under s.10 (total $17,856).

Hong Kong Case Law

POON SIU KUEN AND OTHERS v. PINE CORPORTION LTD

CHAN SHUI MAN v. TSANG HING SHAN t/a YICK LUEN FURNITURE DESIGN

LAW YUK-MING AND OTHERS v. ATTORNEY GENERAL

YU SING YUK v. HONG KONG & KOWLOON WHOLESALE SALT CO LTD