Hong Kong Case Law: Decisions & Judgments

Topic

Principal contractor liability under employees compensation ordinance

Legal area

Court

15 Apr 2019

MOHAMMAD ZARBAS formerly known as MOHAMMED ZARBAS v. 廖超能 AND ANOTHER

Citation

[2019] HKDC 516
Court

District Court
Case number

DCEC2332/2015

On the balance of probabilities the court found that Ah Chiu was the employer of the claimant and that the claimant was performing work under the contract between Ah Chiu and Wai Lun at the time of injury; accordingly Wai Lun was liable as principal contractor under section 24 E.C.O. Relief for permanent and temporary incapacity and medical expenses was awarded totalling HK$325,096.
24 Feb 2006

CHAN PO KAI v. NG MOON SUM AND ANOTHER

Citation

CHAN PO KAI v. NG MOON SUM AND ANOTHER
Court

District Court
Case number

DCEC820/2004

The court dismissed R2's strike out application because the determinative issues (employment status of AP and whether R2 was the principal contractor) were fact‑sensitive, raised genuine disputes on documentary and oral evidence and could not be resolved summarily on affidavit; accordingly the claim was not plainly or obviously unsustainable and must proceed to trial. The court also refused AP leave to rely on witness statements from the PI Action because that would amount to adducing further factual evidence without the requisite affirmation/leave.
27 Oct 2004

CHAN SIK PAN v. WYLAM’S SERVICE LTD AND OTHERS

Citation

CHAN SIK PAN v. WYLAM’S SERVICE LTD AND OTHERS
Court

Court of Appeal
Case number

CACV17/2003

The Court upheld the trial judges factual findings that the 2nd defendant sub-subcontracted labour and small parts to the 3rd defendant who recruited, supervised and paid the plaintiff, and that the short-term special arrangement did not alter that underlying relationship; consequently the 3rd defendant was the plaintiffs employer. Further, on statutory interpretation of s.24 read with s.16G, the 1st defendant, as principal contractor in relation to the works, had locus to lodge the objection and therefore the plaintiffs estoppel argument failed.

Hong Kong Case Law

MOHAMMAD ZARBAS formerly known as MOHAMMED ZARBAS v. 廖超能 AND ANOTHER

CHAN PO KAI v. NG MOON SUM AND ANOTHER

CHAN SIK PAN v. WYLAM’S SERVICE LTD AND OTHERS