Hong Kong Case Law: Decisions & Judgments

Topic

Pension entitlement

Legal area

Court

30 Oct 2013

SIU CHI WAN, VINCENT v. THE CHIEF EXECUTIVE OF THE HKSAR AND ANOTHER

Citation

SIU CHI WAN, VINCENT v. THE CHIEF EXECUTIVE OF THE HKSAR AND ANOTHER
Court

Court of First Instance
Case number

HCA1131/2011

On proper construction of the Pension Benefits Ordinance and the Prison Rules, dismissal for disciplinary misconduct did not give rise to a statutory entitlement to pension for the plaintiff and there is no reasonably arguable claim that procedural protections in ss29A/29B were breached; the strike out was correctly made and the action must be dismissed; ancillary claims for unpaid leave and withheld salary fall within Labour Tribunal jurisdiction and must be struck out.
4 Oct 2004

CHEUNG HIN KWAN v. COMMISSIONER OF POLICE AND ANOTHER

Citation

CHEUNG HIN KWAN v. COMMISSIONER OF POLICE AND ANOTHER
Court

Court of First Instance
Case number

HCAL92/2003

The judicial review was dismissed because no final adverse decision had been taken to challenge; the Secretary lawfully postponed medical retirement determination pending resolution of disciplinary proceedings; there was insufficient medical evidence to establish the applicant's incapacity to participate; the Commissioner had not failed or refused to conclude proceedings and delay was partly due to the applicant's refusal to participate; the proper course is for the disciplinary tribunal to determine fitness and any oppressive conduct or stay application rather than this court making the subs…
18 May 2000

CHEONG MAN FAI v. THE SECRETARY FOR JUSTICE

Citation

CHEONG MAN FAI v. THE SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCA7048/1995

The Pension Benefits Ordinance (Cap.99) governed the plaintiff's pension; by s22(1)(b) only 90% of salary for service prior to the material date (12 August 1987) could be taken into account and 100% thereafter, so the government's computation was correct; the plaintiff had not attained maximum pension (two‑thirds of highest pensionable emoluments) by his retirement date and therefore was not entitled to re‑employment gratuity; judgment for the defendant and costs ordered.
19 Aug 1992

RE CHEUNG WING KWAN AND OTHERS

Citation

RE CHEUNG WING KWAN AND OTHERS
Court

Court of Appeal
Case number

CACV145/1991

By majority the Court held that no legitimate expectation arose from reinstatement and continued employment, and that the letters from the Secretary for the Civil Service adequately informed appellants of the grounds for contemplated retirement and afforded opportunity to make representations under Colonial Regulation 59; the undisclosed prosecutorial comments were not material such as to deny procedural fairness, and pension entitlement remained governed by the Pensions Ordinance, so the appeals were dismissed.
19 Aug 1992

RE CHEUNG WING KWAN AND OTHERS

Citation

RE CHEUNG WING KWAN AND OTHERS
Court

Court of Appeal
Case number

CACV142/1991

By majority the Court held that the appellants were informed of the grounds for contemplated retirement and had opportunity to make representations under Colonial Regulation 59; reinstatement did not create a legitimate expectation preventing retirement in the public interest; the undisclosed prosecutorial remarks did not add material that vitiated the process; and the Governor was not obliged to direct immediate pension payments under the Pensions Ordinance; accordingly the appeals were dismissed.
15 Jan 1988

CHAU CHIU SHAN AND ANOTHER v. YAU TAT SHING otherwise known as DENNIS CHIU AND ANOTHER

Citation

CHAU CHIU SHAN AND ANOTHER v. YAU TAT SHING otherwise known as DENNIS CHIU AND ANOTHER
Court

Court of First Instance
Case number

HCA2799/1985

Promotion to sergeant was not established on the evidence because promotion required exams and competitive selection with no evidence about competitors or likelihood; accordingly future loss must be assessed on the basis the deceased remained a constable. The court selected a multiplier of 17, fixed the free balance at 57.78%, rejected the pension claim as too remote/unpleaded, awarded specified pre-assessment and future loss sums, and ordered interest and costs accordingly.
6 Dec 1985

WONG LEUNG SEE LAWRENCE v. WONG LO LUNG KWAN

Citation

WONG LEUNG SEE LAWRENCE v. WONG LO LUNG KWAN
Court

Court of Appeal
Case number

CACV121/1985

The decree absolute issued after the Notice of Appeal was voidable but not void; the Court exercised its discretion not to void the decree because the husband acted bona fide and voiding would unfairly prejudice parties and new family; the appeal was allowed insofar as maintenance orders were varied: monthly maintenance increased and allocated to include the twin sons, lump sum of $50,000 affirmed, and a contingent order that the husband pay one-third of the lump sum pension payable on completion of Government service to the wife if she is alive then.

Hong Kong Case Law

SIU CHI WAN, VINCENT v. THE CHIEF EXECUTIVE OF THE HKSAR AND ANOTHER

CHEUNG HIN KWAN v. COMMISSIONER OF POLICE AND ANOTHER

CHEONG MAN FAI v. THE SECRETARY FOR JUSTICE

RE CHEUNG WING KWAN AND OTHERS

RE CHEUNG WING KWAN AND OTHERS

CHAU CHIU SHAN AND ANOTHER v. YAU TAT SHING otherwise known as DENNIS CHIU AND ANOTHER

WONG LEUNG SEE LAWRENCE v. WONG LO LUNG KWAN