Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Illegal/unlawful employment

Legal area

Court

23 Dec 2020

HOSSAIN MOHAMMED SAJIB v. CHUEN KEE ENVIRONMENTAL RESOURCES RECYCLE (HONG KONG) LIMITED (in Liquidation) AND ANOTHER

Citation

[2020] HKDC 1200
Court

District Court
Case number

DCEC2689/2016

Applicant's evidence was found incredible and unreliable; he failed to discharge the burden to prove employment and that the injury arose in course of employment and therefore the claim was dismissed. Legally, if liability had been established the court would exercise s.2(2) discretion for lawful work and, once exercised, would assess quantum without regard to the claimant's unlawful status (affecting s.9 and s.10 assessments).
6 Sept 2007

YU NONGXIAN v. NG KA WING AND ANOTHER

Citation

YU NONGXIAN v. NG KA WING AND ANOTHER
Court

Court of Appeal
Case number

CACV270/2006

On the evidence (including admissible hearsay and coroner inquest material weighed under Evidence Ordinance ss.47 and 49) the Court was satisfied on the balance of probabilities that the deceased was employed by the 1st respondent at the time of the fatal accident; having weighed public policy and practical considerations the Court exercised its discretion under s.2(2) Employees Compensation Ordinance in favour of the applicant and awarded statutory minimum compensation, concluding that compensating unlawfully employed workers and deterring employers supports allowing recovery despite illegal…