Hong Kong Case Law: Decisions & Judgments

Topic

Enticing employees

Legal area

Court

22 Sept 2006

EASTFORD (CHINA) LTD v. CHEUNG CHI HUNG AND ANOTHER

Citation

EASTFORD (CHINA) LTD v. CHEUNG CHI HUNG AND ANOTHER
Court

Court of First Instance
Case number

HCA241/2004

The court found the employment contract and its restraint clause remained extant when Mr Cheung left and he thereby breached the restraint by joining a competitor; however Eastford failed to prove that Mr Cheung personally solicited customers or enticed staff such that loss was caused by his unlawful conduct, therefore damages claim failed.
15 Apr 1987

HO WING CHEONG AND OTHERS v. GRAHAM MARGOT AND ANOTHER

Citation

HO WING CHEONG AND OTHERS v. GRAHAM MARGOT AND ANOTHER
Court

Court of First Instance
Case number

HCA5766/1986

An executive director employed to manage a stockbroking house lacks implied authority to speculate with the firm's capital or pledge its credit beyond ordinary client‑facilitating acts; unauthorized speculative transactions by Margot gave rise to personal liability for the firm's losses where no express authority or clear ratification existed; the three‑year post‑employment restraint was unreasonable in duration and therefore unenforceable; claims against Norman Ng failed for lack of causal responsibility.
15 Apr 1987

HO WING CHEONG AND OTHERS v. GRAHAM MARGOT AND ANOTHER

Citation

HO WING CHEONG AND OTHERS v. GRAHAM MARGOT AND ANOTHER
Court

Court of First Instance
Case number

HCA5579/1986

The Executive Director had no implied authority to speculate with the firm's capital or pledge its credit beyond ordinary course client business; defendant Graham Margot was liable to the employer for losses from unauthorised speculative in-house transactions (notably SNL/Hang Seng futures and unnamed client positions) and for certain misapplied payments, whereas the three-year post-termination restrictive covenant was unreasonable and unenforceable; claims against Norman Ng dismissed; B.I.S. Consultants ordered to repay specified improper charges; costs and formal orders to follow.

Hong Kong Case Law

EASTFORD (CHINA) LTD v. CHEUNG CHI HUNG AND ANOTHER

HO WING CHEONG AND OTHERS v. GRAHAM MARGOT AND ANOTHER

HO WING CHEONG AND OTHERS v. GRAHAM MARGOT AND ANOTHER