Hong Kong Case Law: Decisions & Judgments

Topic

Mandatory provident fund

Legal area

Court

14 May 2019

唐偉健對保良局

Citation

[2019] HKCFI 1240
Court

Court of First Instance
Case number

HCA2843/2017

The amended statement of claim failed to disclose a reasonable cause of action in multiple respects: the plaintiff had received his employee MPF contributions from the trustee; he lacked statutory entitlement to long service payment because his service was under five years; the impugned claims arise under the Employment Ordinance and fall within the Labour Tribunal's exclusive jurisdiction; the proceedings are plainly time‑barred and amount to an abuse of process. Allowing amendment could not cure the jurisdictional and limitation defects. Accordingly the amended claim was struck out and all…
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.
17 Feb 2011

AU SOU LIN v. ZIELONA TRANSPORT LTD

Citation

AU SOU LIN v. ZIELONA TRANSPORT LTD
Court

Court of Appeal
Case number

CACV99/2010

The Court held clause (F) that purported to contract out Employment Ordinance rights is void as to those rights; the employer cannot immediately recover the whole pay differential as overpayment without first quantifying the tangible statutory entitlements the employee is owed (including rest day and sickness allowance claims). The matter is remitted to the Labour Tribunal to determine those entitlements and deduct any quantified amounts from the alleged overpayment.
3 Dec 2007

CHOW KAI KIT v. INTERNATIONAL PAPER MANUFACTURING & DISTRIBUTION LTD AND OTHERS

Citation

CHOW KAI KIT v. INTERNATIONAL PAPER MANUFACTURING & DISTRIBUTION LTD AND OTHERS
Court

District Court
Case number

DCPI1415/2006

The 1st and 2nd Defendants are fully liable for the Plaintiff's injury caused by negligent forklift operation; no contributory negligence established; damages quantified by accepting certain heads of loss, disallowing others for lack of evidence or mitigation, and reducing awards where extra post-accident earnings were shown; total damages allowed were calculated at $253,787.75 with specified interest and costs directions.
31 May 2007

HKSAR v. CNT SECURITY CO LTD

Citation

HKSAR v. CNT SECURITY CO LTD
Court

Court of First Instance
Case number

HCMA887/2006

The court held that 'housing allowance or other housing benefit' in the definition of 'relevant income' is limited to actual and genuine housing expenses and does not include a non-accountable allowance which is merely a label to reduce MPF contributions; on the evidence CNT improperly deducted the full housing allowances claimed (none for Ho and more than $800 per month for Li) and failed to prove a reasonable excuse under s43B(1); therefore convictions were upheld and the appeal dismissed, with further written submissions invited on appropriate compensation for Mr Li.
13 Mar 2007

POON CHAU NAM v. YIM SIU CHEUNG t/a YAT CHEUNG AIRCONDITIONING & ELECTRIC CO

Citation

POON CHAU NAM v. YIM SIU CHEUNG t/a YAT CHEUNG AIRCONDITIONING & ELECTRIC CO
Court

Court of Final Appeal
Case number

FACV14/2006

Absence of a mutual ongoing obligation to provide and accept work does not preclude finding an employment relationship in respect of a specific engagement; applying established indicia to the undisputed facts, the appellant was working under a contract of service with the respondent when injured and is entitled to compensation under the ECO; the appellant's MPF self‑employed designation is irrelevant to that statutory conclusion.
3 Sept 2004

TSO MAN WAH v. GOLDEN SAND (HOLDINGS) LTD

Citation

TSO MAN WAH v. GOLDEN SAND (HOLDINGS) LTD
Court

Court of First Instance
Case number

HCLA141/2003

The appeal is allowed in respect of the 2nd Defendant because the Presiding Officer's finding that the 2nd Defendant was a co-employer was tainted by legal errors (misunderstanding of Mr Tso's role and failure to consider the payroll document), and on the correct view the claim against the 2nd Defendant must be dismissed while the award against the 1st Defendant remains.
13 May 2004

TANG SHU SHEK v. LEUNG CHI KIT AND ANOTHER

Citation

TANG SHU SHEK v. LEUNG CHI KIT AND ANOTHER
Court

Court of First Instance
Case number

HCPI219/2002

On the evidence the Plaintiff sustained a fractured scaphoid which healed with mild residual pain and weakness; Dr Tsoi's more recent and comprehensive medical opinion was preferred; plaintiff entitled to awards of $180,000 general damages, $1,135,730 pre-trial loss, $1,021,920 future loss (multiplier 8), $52,879.5 MPF loss and $11,344 special damages; interest applied at specified rates; total reduced by 20% for contributory liability and set off by $622,000 employees compensation, and final judgment entered for the balance; no separate award for loss of earning capacity beyond assessed futu…
17 Mar 2004

WONG WING SUN v. CHAN MAN KIN

Citation

WONG WING SUN v. CHAN MAN KIN
Court

Court of First Instance
Case number

HCPI902/2002

Master accepted the treating hospital's 9.7 months sick leave, discounted some aspects due to defaulting follow-up and surveillance evidence, awarded PSLA $220,000 as appropriate for the non-serious but materially impairing injuries, calculated pre-trial and future losses using accepted earnings figures and chosen multipliers (16 for full-time future loss, 11 for part-time), awarded MPF losses at 5% on quantified earnings, awarded $50,000 for loss of earning capacity, and ordered judgment for the aggregate sum subject to interest and set-off of interim payment.
15 Jan 2003

WONG PO KIN v. HOPEWELL CONSTRUCTION CO. LTD. AND OTHERS

Citation

WONG PO KIN v. HOPEWELL CONSTRUCTION CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI406/2001

Master accepted plaintiff's qualification as a steel bender and the occupational therapist's evidence that the burn injuries caused a residual, material but not severe impairment of left-hand strength; defendants' failure to produce contrary medical evidence meant the plaintiff's impairment and its effects were established; plaintiff's market optimism was reduced by evidence, therefore loss of earnings was assessed as a 50% loss of a notional full pre-accident income stream; awarded PSLA HKD 240,000, pre-trial and post-trial loss figures on a 50% chance basis, loss of earning capacity HKD 80,…