Hong Kong Case Law: Decisions & Judgments

Topic

Sick leave certificates

Legal area

Court

11 Apr 2025

YAN KWOK SING v. TSANG YUEN FAI

Citation

[2025] HKCFI 1440
Court

Court of First Instance
Case number

HCPI276/2022

The court found the plaintiff had materially recovered sufficient function and surveillance corroborated activity; the Plaintiff was not working as a taxi driver at the material time, pre-trial loss of earnings is limited to 27 July 2021 to 31 December 2023 with Deliveroo net monthly income assessed at HKD 15,921.86, PSLA assessed at HKD 550,000 as case close to bottom of 'serious' category, other special damages limited to HKD 49,743, no award for future loss or loss of earning capacity, and costs and specified interest orders granted.
20 Jul 2018

WONG YAT PING v. CARITAS – HONG KONG

Citation

[2018] HKDC 857
Court

District Court
Case number

DCEC2123/2015

The respondent failed to rebut the statutory presumption in ECO s10(2) in respect of the six sick leave certificates issued April–May 2015 because there was no evidence those certificates were issued solely on subjective symptoms without independent clinical assessment, earlier medical reports relied upon by the respondent predated the certified period and did not address the April–May 2015 consultations, and the respondent's acceptance of the Form 9 concessions undermined the weight of earlier contrary opinions; accordingly the additional 41 days are included for s10 compensation calculation.
8 Feb 2013

HKSAR v. SHERWOOD KWOK

Citation

HKSAR v. SHERWOOD KWOK
Court

Court of First Instance
Case number

HCMA727/2012

Court held offences were premeditated breach of trust by an employee over eight months and custodial sentence was inevitable, but degree of trust was relatively low and prompt full restitution together with guilty plea warranted a substantial (about 50%) reduction from a 6 month starting point, resulting in an appropriate concurrent sentence of 3 months imprisonment.
8 Apr 2008

TAM FU YIP FIP v. SINCERE ENGINEERING & TRADING CO LTD

Citation

TAM FU YIP FIP v. SINCERE ENGINEERING & TRADING CO LTD
Court

Court of Appeal
Case number

CACV208/2007

The Court allowed the appeal, holding that the judge's clear express finding that the plaintiff was fit to return to work by January 2003 could not stand alongside acceptance of prolonged sick leave; the court must determine the proper period of incapacity on all the evidence and is not bound by sick leave certificates; accordingly pre-trial loss of earnings was reduced and the damages award substituted and reduced to reflect the shorter period of incapacity.
28 Jan 2003

CHAU SHEK YAM v. THE KOWLOON MOTOR BUS CO. (1933) LTD.

Citation

CHAU SHEK YAM v. THE KOWLOON MOTOR BUS CO. (1933) LTD.
Court

District Court
Case number

DCEC425/2002

The court ordered continuation of periodical payments because ongoing hospital sick leave certificates and treatment showed the applicant's condition had not stabilised, invoking the court's power under s.10(5) of the Employees Compensation Ordinance to extend payments beyond the two-year period until temporary incapacity ceases or up to 36 months.
21 Mar 2001

O TING YUEN v. THE MEDICAL COUNCIL OF HONG KONG

Citation

O TING YUEN v. THE MEDICAL COUNCIL OF HONG KONG
Court

Court of Appeal
Case number

CACV820/2000

The Court upheld the Medical Council's findings that backdating or inaccurately dating sick leave certificates and issuing certificates known to be untrue constitute professional misconduct and that removal from the register for 12 months was not plainly inappropriate, therefore the appeal is dismissed.

Hong Kong Case Law

YAN KWOK SING v. TSANG YUEN FAI

WONG YAT PING v. CARITAS – HONG KONG

HKSAR v. SHERWOOD KWOK

TAM FU YIP FIP v. SINCERE ENGINEERING & TRADING CO LTD

CHAU SHEK YAM v. THE KOWLOON MOTOR BUS CO. (1933) LTD.

O TING YUEN v. THE MEDICAL COUNCIL OF HONG KONG