Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Employer v contractor status

Legal area

Court

22 Mar 2019

KWAN TIM WO v. 黎永鴻

Citation

[2019] HKDC 389
Court

District Court
Case number

DCEC1855/2018

Deputy District Judge Lee exercised discretion to grant specific discovery in part: the summons was not premature, the omission of the statutory sentence of belief in the affirmation was a mere irregularity and was waived, and discovery was ordered only for items relevant to the disputed employer/contractor relationship (items (1),(4)-(6)) limited to Aug 2017 to Oct 2017; respondent ordered to file an affidavit within 21 days; items (2) and (3) and documents outside Aug–Oct 2017 were unnecessary and refused.
18 Nov 2005

YEUNG SIN TING EVA v. WONG KIT TING KAREN t/a WONG’S BUILDING CLEANING SERVICE CO

Citation

YEUNG SIN TING EVA v. WONG KIT TING KAREN t/a WONG’S BUILDING CLEANING SERVICE CO
Court

District Court
Case number

DCEC693/2002

Although the deceaseds were not lawfully employable under the Immigration Ordinance, their work was lawful in substance; the court exercised its discretion under s.2(2) to treat the contracts as valid, found on the facts that Sze and Leung were employees of Miss Wong (Wong's Building Cleaning Service Company) rather than independent contractors, and ruled that insurer Jerneh was liable under the policy and s.43; statutory compensation was assessed accordingly.