Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statutory discretion under s.2(2)

Legal area

Court

5 Jan 2007

CHEN XIU MEI v. LI SIU WO AND ANOTHER

Citation

CHEN XIU MEI v. LI SIU WO AND ANOTHER
Court

District Court
Case number

DCEC645/2005

Judge found on the evidence that the accident arose out of and in the course of employment; accepted that the deceased was a two-way permit holder making the contract illegal; concluded statutory and public policy reasons required treating the employment contract as illegal and refusing to exercise the discretion under s.2(2) in favour of the applicant; accordingly dismissed the application and ordered costs against the applicant.
13 May 1986

CHAN CHEUK TING AND ANOTHER v. ANALOGUE ENGINEERING CO LTD AND ANOTHER

Citation

CHAN CHEUK TING AND ANOTHER v. ANALOGUE ENGINEERING CO LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV13/1986

Dependants possess a distinct cause of action but must establish a contract of employment recognized by the Ordinance; the trial judge erred in refusing to exercise the statutory discretion under s.2(2) to treat an illegal contract as valid for purposes of the Ordinance and insurers cannot defeat liability under Part IV once the court so exercises its discretion; therefore the appeal is allowed and compensation recalculated.