21 Jun 2022
EMPLOYEES COMPENSATION ASSISTANCE FUND BOAR v. FONG CHAK KWAN
- Citation
- [2022] HKCFA 12
- Court
- Court of Final Appeal
- Case number
- FACV5/2022
On the statutory construction of Cap 365 s33(d), 'engaged outside Hong Kong' means entering into the contract of employment outside Hong Kong; the courts below found the employment contract with the 2nd defendant was concluded outside Hong Kong, so s33(d) applies and excludes a relief claim against the Fund; consequently the Fund was not at risk and the Board had no standing to be joined to challenge the Court's assumption of jurisdiction over D2, therefore the Board's appeal is dismissed. Separately, on the tort gateway (Gateway F) the Court (Lord Collins NPJ) held that 'damage' embraces ind…