12 Apr 2021
MUHAMMAD DOST v. HONG KONG YING CHEUNG TRADING (RECYCLING) LTD
- Citation
- [2021] HKCA 486
- Court
- Court of Appeal
- Case number
- CACV38/2020
The Court of Appeal upheld the trial judge's credibility-based finding that the respondent was the applicant's employer and held that the court's s2(2) discretion can treat an illegal contract as valid for compensation purposes; section 10(1) concerns physical capacity and hypothetical suitable earnings and does not permit denial of temporary incapacity compensation solely because the worker was illegally employed, so the appeal is dismissed and the award is upheld.