Hong Kong Case Law: Decisions & Judgments

Topic

Sick leave certification

Legal area

Court

26 Feb 2025

HE YU FEI v. XIONG XINXI trading as TAILOR-MADE FURNITURE AND ANOTHER

Citation

[2025] HKDC 302
Court

District Court
Case number

DCEC1181/2022

Applicant was an employee of the 1st Respondent based on consistent evidence that the 1st Respondent alone dealt with him, used the trade name Tailor-Made Furniture at the premises, gave instructions, provided materials, agreed a fixed daily wage (HK$1,350), arranged and acknowledged payments and initially accepted liability; the Form 9 assessment of 492 days was not rebutted by the Respondents and remains effective for Section 10 calculations; award computed accordingly under ECO Sections 9, 10 and 10A and reduced by prior payment.
13 Sept 2001

Hu Yong Yu v. Kwong Lee Metal Co. Ltd.

Citation

Hu Yong Yu v. Kwong Lee Metal Co. Ltd.
Court

District Court
Case number

DCEC319/2000

The judge ordered interim payments and reserved costs because there was an unresolved question whether the applicant's psychiatric disability was caused by the original injury; fairness required interim relief while leaving costs to be decided after the final trial when causation is determined.
2 Jan 2001

Yu Yau Choi v. Ming Sang (HK) Engineering Ltd.

Citation

Yu Yau Choi v. Ming Sang (HK) Engineering Ltd.
Court

District Court
Case number

DCEC833/2000

The court held that on the facts the applicant was entitled to periodical payments under s10(2) based on government sick notes; the appropriate earnings basis was HK$533 per day (HK$13,858 per month) and four-fifths of that (HK$11,086.40 per month) was ordered from the date of injury until expiry of the sick notes on 14 February 2001, with credit for amounts already paid. Because the order places the applicant in receipt of periodical payments the respondent's summons for medical examination under s16 was granted and the applicant was ordered to submit to it.
12 Mar 1996

HUI TING HANG v. LAW WING KEE

Citation

HUI TING HANG v. LAW WING KEE
Court

Court of First Instance
Case number

HCLA136/1995

The Presiding Officer erred in law by not applying section 3(2)(a) of the First Schedule; certified incapacity evidenced by medical certificates prevented any break in continuity of employment, entitling the appellant to long service payment; the Labour Tribunal's decision was therefore reversed and an award entered for the appellant.

Hong Kong Case Law

HE YU FEI v. XIONG XINXI trading as TAILOR-MADE FURNITURE AND ANOTHER

Hu Yong Yu v. Kwong Lee Metal Co. Ltd.

Yu Yau Choi v. Ming Sang (HK) Engineering Ltd.

HUI TING HANG v. LAW WING KEE