Hong Kong Case Law: Decisions & Judgments

Topic

Independent contractor

Legal area

Court

16 Sept 2024

LEE CHEUNG CHIT v. WONG CHUN WA t/a OH TIN LOGISTICS COMPANY

Citation

[2024] HKDC 1311
Court

District Court
Case number

DCEC192/2023

Weighing all indicia and contractual terms (control, mandatory hours, integration, provision of vehicle, regular pay, prohibition on subcontracting), the relationship was, as a matter of overall impression, one of employment; the Declaration labeling the worker a contractor is disregarded and respondent is liable under the ECO; compensation calculated accordingly.
26 Jun 2019

WONG HONG SHING 對 HUI TSZ KEUNG t/a CHUN WAN LOGISTICS CO及另二人

Citation

[2019] HKDC 772
Court

District Court
Case number

DCEC1268/2014

On the totality of the evidence the court formed the overall impression that the claimant was a self-employed independent contractor on the date of accident: respondents exercised no control, claimant owned and maintained the vehicle, bore operating costs and financial risk, hired assistants, did not account for MPF or tax as an employee, and hospital records identified him as self-employed; therefore the Ordinance did not apply and the compensation claim failed.
9 Jun 2015

AU YEUNG LONG TAK v. LA SALLE PRIMARY SCHOOL AND OTHERS

Citation

AU YEUNG LONG TAK v. LA SALLE PRIMARY SCHOOL AND OTHERS
Court

Court of First Instance
Case number

HCPI916/2011

On the facts the plaintiff failed to prove that any defendant breached a legally cognisable duty causing his alleged injury; D2 was not his employer and owed no relevant duty, D3 was a competent independent contractor and D1 carried out reasonable selection/risk assessment, the plaintiff's account and causation were inherently implausible and uncorroborated, therefore the claim and contribution proceedings were dismissed and costs awarded to defendants.
20 May 2015

WONG KAI FUN v. SUN ON LOGISTICS LTD AND ANOTHER

Citation

WONG KAI FUN v. SUN ON LOGISTICS LTD AND ANOTHER
Court

District Court
Case number

DCEC5/2013

On the evidence the relationship bore the indicia of employment (control, exclusivity, provision of truck and payment of expenses), the court applied the Paper Mills Formula to assess permanent partial loss of earning capacity using pre-accident and attainable post-accident wages, awarded compensation under ss.9,10 and 10A, extended sick leave where certified, and exercised its discretion to order the Board to pay costs because it intervened to contest liability and failed.
16 Dec 2014

CHAN NGA YIN formerly known as CHAN MEI YI SICELY v. MTR CORPORATION LTD

Citation

CHAN NGA YIN formerly known as CHAN MEI YI SICELY v. MTR CORPORATION LTD
Court

District Court
Case number

DCPI1675/2012

The application for leave to appeal was refused because the intended grounds lacked a reasonable prospect of success: the trial judge correctly found the defendant failed to prove it acted reasonably under s 3(4)(b) Cap 314 in selecting, entrusting, supervising and checking the independent contractor with respect to safety of mall users; contractual terms relied on did not clearly impose the necessary safety duties to mall users; defendant's late reliance on clause 27.1 and on Dragon Guard was prejudicial and unsupported; the burden of proof rested on the defendant and it did not discharge it.
9 Jan 2014

HO KWOK KEI v. A S WATSON GROUP (HK) LTD

Citation

HO KWOK KEI v. A S WATSON GROUP (HK) LTD
Court

District Court
Case number

DCMP3016/2013

The court ordered disclosure of the entire service agreement because it is directly relevant and likely to be relied on by the defendant to establish independent contractor status, which would affect plaintiff's claim; other document categories were dismissed because the plaintiff elected not to proceed with one, the defendant affirmed non-possession of insurance documents subject to identification of the source, and the motor insurance policy was not shown to cover an injury sustained while the stationary vehicle's tailgate was being handled and thus did not arise out of use of the vehicle o…
3 Jun 2013

YU YIU WING v. LEAD YOUNG LOGISTIC (GLOBAL) LTD AND OTHERS

Citation

YU YIU WING v. LEAD YOUNG LOGISTIC (GLOBAL) LTD AND OTHERS<br>
Court

Court of First Instance
Case number

HCLA20/2012

Given the Presiding Officer applied principles for lifting a corporate veil despite evidence that Lap Tak was a sole proprietorship and D2 demonstrated arguable legal errors in the Tribunals approach and failure to consider agency/contractor/employment issues and calculation, leave to appeal was granted to D2 to ventilate those arguable points of law.
1 Feb 2013

CHONG NGAN SENG v. CHINA HARBOUR ENGINEERING CO LTD AND OTHERS

Citation

CHONG NGAN SENG v. CHINA HARBOUR ENGINEERING CO LTD AND OTHERS
Court

Court of Appeal
Case number

CACV54/2012

Appeal allowed: Deputy Judge’s finding that the 2nd defendant was the 1st defendant's agent was unsupported by evidence of authorization, request, delegation of a task by the 1st defendant or control over the driver; the 2nd defendant was more probably employed by the 4th defendant and the vehicle was being used in execution of subcontract works for which ownership and possession had been parted; ownership alone does not attract vicarious liability.
13 Sept 2012

HKSAR v. CHOW KIN CHEUNG

Citation

HKSAR v. CHOW KIN CHEUNG
Court

Court of First Instance
Case number

HCMA248/2012

Having considered all circumstances (one-off engagement, item-based payment described as transportation fee, 1st defendant supplying tools and acting in business on his own account) the control factor was not determinative and the evidence was insufficient to safely establish an employer-employee relationship on the criminal standard; appeal allowed and conviction set aside.
4 Dec 2009

LUEN HING FAT COATING & FINISHING FACTORY LTD v. WAAN CHUEN MING

Citation

LUEN HING FAT COATING & FINISHING FACTORY LTD v. WAAN CHUEN MING
Court

Court of Final Appeal
Case number

FAMV55/2009

The Court did not decide the substantive issue; it held the framed question of law was of great general or public importance and granted leave to appeal to the Court of Final Appeal for determination.