17 Dec 2003
CHUNG WO SANG, FUTURE v. TAI LIN RADIO SERVICE LTD
- Citation
- CHUNG WO SANG, FUTURE v. TAI LIN RADIO SERVICE LTD
- Court
- Court of First Instance
- Case number
- HCMP3042/2003
The Court of Appeal granted leave because the appeal raises a question of law of general public importance: whether on true construction the commission was payable only at the employer's discretion without regard to s.70 Employment Ordinance and contra proferentem, and whether contractual discretion is subject to a rationality standard; the judge below did not address s.70 or contra proferentem and appellate consideration of the Clark principle is required.