Hong Kong Case Law: Decisions & Judgments

Topic

Contract of service vs contract for service

Legal area

Court

22 Sept 2022

YIP LAI HEUNG v. 伍炳榮 AND OTHERS

Citation

[2022] HKDC 1060
Court

District Court
Case number

DCEC1252/2016

Refusal of the stay was warranted because the 3rd respondent's intended appeal lacked reasonable prospects of success, there was no evidential support of irreparable financial harm, the Director of Legal Aid's first charge reduced repayment risk, and further delay would cause undue hardship to the applicant given the long interregnum since the accident; on balance the court exercised its discretion to refuse the stay.
18 Apr 2007

YEUNG TIN SUM v. WONG SEE TING t/a BUTTERFLY VALLEY CO

Citation

YEUNG TIN SUM v. WONG SEE TING t/a BUTTERFLY VALLEY CO
Court

District Court
Case number

DCEC1077/2006

Applying the established test, the court found the balance of factors (respondent's control over work allocation, provision of major equipment and materials, lack of financial risk or business infrastructure by Applicant, irregular but respondent-driven remuneration and advancing of payments) established a contract of service; the Applicant was an employee within the meaning of the Ordinance and entitled to compensation.
20 Feb 2002

TO KWOK SHEUNG v. KWAN YIU KEE FINISHING WORK CO. LTD. AND ANOTHER

Citation

TO KWOK SHEUNG v. KWAN YIU KEE FINISHING WORK CO. LTD. AND ANOTHER
Court

District Court
Case number

DCEC66/2001

On a holistic balancing of factors the court found the Applicant was not an employee: the Respondents had little control or integration over his day‑to‑day work, the Applicant supplied and managed workers, remuneration was tied to quantity of work with potential for profit or loss, Form 2s were filled in mistakenly and not determinative; therefore the relationship was a contract for service and the Applicant's claims under the Employees Compensation Ordinance were dismissed.
16 Feb 1995

CHAN SAU YING and Others v. YUK LUNG SAUNA operated by STEADIKOON CO. LTD.

Citation

CHAN SAU YING and Others v. YUK LUNG SAUNA operated by STEADIKOON CO. LTD.
Court

Court of First Instance
Case number

HCLA82/1994

On the totality of the evidence — substantial employer control over work, provision of tools and premises, lack of financial risk to the workers and the Appellant's tax filings treating them as employees — the tribunal was entitled to find an employer/employee relationship; appellate court must not overturn such a factual finding when supported by evidence, therefore the appeal is dismissed.

Hong Kong Case Law

YIP LAI HEUNG v. 伍炳榮 AND OTHERS

YEUNG TIN SUM v. WONG SEE TING t/a BUTTERFLY VALLEY CO

TO KWOK SHEUNG v. KWAN YIU KEE FINISHING WORK CO. LTD. AND ANOTHER

CHAN SAU YING and Others v. YUK LUNG SAUNA operated by STEADIKOON CO. LTD.