Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statutory interpretation of employees' compensation ordinance

Legal area

Court

18 Jun 2024

CHEUNG YI SHUN MONICA 對 POP CORN ASIA (HONG KONG) LTD

Citation

[2024] HKDC 964
Court

District Court
Case number

DCEC210/2023

Respondent failed to appeal the Form 7 and failed to comply with the court's order to file witness statements; accordingly the Form 7 findings (0.25% permanent loss and 116 days incapacity) are conclusive under the Ordinance and used to calculate statutory awards. Income is set at the Schedule 6 minimum $5,310; medical expenses are capped per Schedule 3(2); therefore awards under ss9,10,10A are calculated and awarded together with interest and costs.
10 Oct 2017

邱永輝對駿達 (中港) 國際物流有限公司及另一人

Citation

邱永輝對駿達 (中港) 國際物流有限公司及另一人
Court

District Court
Case number

DCEC2500/2014

Applicant was an employee of the second respondent at the time of the accident because he performed work under the company's direction and customer instructions, used a vehicle and equipment provided or rented by the company, did not bear business financial risk or make business investments or management decisions, and received a fixed daily wage; therefore statutory compensation under the Employees' Compensation Ordinance was payable and calculated on the applicant's established earnings basis.