Hong Kong Case Law: Decisions & Judgments

Topic

Section 17i(1) immigration ordinance

Legal area

Court

13 Sept 2012

HKSAR v. CHOW KIN CHEUNG

Citation

HKSAR v. CHOW KIN CHEUNG
Court

Court of First Instance
Case number

HCMA248/2012

Having considered all circumstances (one-off engagement, item-based payment described as transportation fee, 1st defendant supplying tools and acting in business on his own account) the control factor was not determinative and the evidence was insufficient to safely establish an employer-employee relationship on the criminal standard; appeal allowed and conviction set aside.
13 Aug 2009

HKSAR v. TSE SUN WONG

Citation

HKSAR v. TSE SUN WONG
Court

Court of First Instance
Case number

HCMA312/2009

The magistrate had no valid positive reasons to refuse costs because her ex tempore remarks accepted defence possibilities that rebutted the presumption of employment, and her written findings that the appellant had brought suspicion on himself were unsupported and inconsistent; therefore the appeal is allowed and the appellant is entitled to costs, including costs of appeal, to be agreed or taxed.
18 Jun 1993

THE QUEEN v. YIP WING TONG

Citation

THE QUEEN v. YIP WING TONG
Court

Court of First Instance
Case number

HCMA253/1993

Appeal allowed because the particular facts (employees residing in China and returning there) constituted a material mitigating circumstance and the Court of Appeal decision in Wong Mok-din was rendered after sentence so could not be applied retrospectively; therefore the appropriate disposition was to suspend the concurrent three-month sentences for two years and impose fines of $1,000 on each charge.

Hong Kong Case Law

HKSAR v. CHOW KIN CHEUNG

HKSAR v. TSE SUN WONG

THE QUEEN v. YIP WING TONG