23 Mar 2023
香港特別行政區 訴 加禾農業有限公司
- Citation
- [2023] HKCFI 806
- Court
- Court of First Instance
- Case number
- HCMA334/2022
The judge correctly excluded the caution interview record as hearsay on the critical matters (phone conversations and representations by '輝哥'), and on the admissible evidence (observations of conduct, wearing of a uniform bearing the stall name, use of staff storage, presence and non‑reaction of other staff, repetitive work over 20 minutes) the only irresistible and reasonable inference was that the worker was acting as an employee of the appellant; the appellant failed to rebut the statutory presumption under s17N and did not discharge the evidential burden for the s17I(1A) defence, therefor…