Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 16
  • 4 Dec 2025

    ALI HASHAM v. BM HUMAN RESOURCES & CONSTRUCTIONS LTD

    Citation
    [2025] HKDC 2035
    Court
    District Court
    Case number
    DCEC914/2024

    The court held that the respondent's s.16 argument was improperly raised after liability had been determined and, on the evidence, the respondent failed to satisfy statutory requirements of s.16 (no specific time/place/doctor notified), so the applicant's right was not extinguished; the respondent's challenge to the certified sick leave was time-barred by s.18 and in any event the employer failed to rebut the presumption under s.10(2); therefore the Form 7 figures were accepted and compensation was assessed accordingly.