Hong Kong Case Law: Decisions & Judgments

Topic

Wages arrears

Legal area

Court

26 Sept 2025

WONG WAI HUNG v. EASTFORM INDUSTRIES LTD

Citation

[2025] HKCFI 4529
Court

Court of First Instance
Case number

HCLA17/2022

The Presiding Officer committed errors of law by failing to consider sufficiently and to test binding admissions in the Defendant's filed statement, by failing adequately to investigate material issues (including the effect of those admissions and the timing and nature of alleged payments) and by making perverse findings as to the source of bank deposits without evidential basis; accordingly the appeal is allowed, the decision below is set aside to the extent specified and the matter is remitted to the Labour Tribunal for rehearing before a different presiding officer.
15 Dec 2017

LET’ SPA CO LTD v. CHENG KOT PUI

Citation

LET’ SPA CO LTD v. CHENG KOT PUI
Court

Court of First Instance
Case number

HCLA23/2017

The applications for leave were dismissed because the purported errors were factual or discretionary matters absent substantial injustice, the contractual provisions were correctly characterised as penal and unenforceable as not representing a genuine pre‑estimate of loss, and no arguable point of law was established under s 32(1) to justify leave.
15 Dec 2017

LET’ SPA CO LTD v. WONG KIT YEE

Citation

LET’ SPA CO LTD v. WONG KIT YEE
Court

Court of First Instance
Case number

HCLA20/2017

The Court refused leave to appeal because the Presiding Officer's findings were supported by evidence and lawful exercise of discretion, the contested clauses were correctly characterised as penal and unenforceable for lacking a genuine pre‑estimate of loss, and no error of law or jurisdiction was demonstrated under s32(1) LTO.
15 Dec 2004

NG CHUNG MAN JOE v. REVER EXPRESSION SALON LTD

Citation

NG CHUNG MAN JOE v. REVER EXPRESSION SALON LTD
Court

District Court
Case number

DCCJ600/2004

Defendant breached core contractual terms by withholding salary and terminating the Art Director post, constituting fundamental repudiatory breach; Plaintiff accepted repudiation by resigning and was entitled to treat contract as discharged; consequently Defendant could not enforce Clauses 5,6(a)(i)-(iii),10(b) and 11(a) against Plaintiff and the Counterclaim failed; additionally clauses 10(b) and 11(a) are in restraint of trade and void.
23 Nov 2001

王焯華 v. FIVE STAR WINE LTD.

Citation

王焯華 v. FIVE STAR WINE LTD.
Court

Court of First Instance
Case number

HCLA35/2001

The appeal was dismissed because the presiding officer had adequately investigated the fraud allegation given the available evidence and its limited relevance to credibility, and because the defendant's unjustified withholding of sickness allowance amounted to a fundamental breach constituting constructive dismissal so the tribunal's awards for wages in lieu of notice, arrears, annual leave, double pay, sickness allowance and commission were supported.
27 Sept 2000

Re: WONG NG KEI trading as International Can, a debtor and Ex parte: CHU DOI WAI, JANLEY, a creditor

Citation

Re: WONG NG KEI trading as International Can, a debtor and Ex parte: CHU DOI WAI, JANLEY, a creditor
Court

Court of First Instance
Case number

HCB2265/1999

The court found the creditor established the debt and the debtor failed to raise a bona fide dispute on substantial grounds; the debtor was held out and liable as an apparent partner under s16 and jointly liable for debts incurred while a partner under s11, and even if he retired on 3 April 1995 he remained liable for earlier arrears and for later sums where the creditor had no notice under s38(1).
3 Sept 1998

WU MAN KWONG v. ASIA CULTURE BROADCAST CO LTD

Citation

WU MAN KWONG v. ASIA CULTURE BROADCAST CO LTD
Court

Court of First Instance
Case number

HCLA1/1998

The appeal was adjourned because the Tribunal's Reasons were insufficiently clear on critical factual and legal points (effect of suspension and section 11, the legal effect of Exhibit D10 and timing of payment cessation) and the appellant required opportunity to examine primary documents and obtain translations; supplemental Reasons from the Labour Tribunal are necessary before the appeal can be decided.

Hong Kong Case Law

WONG WAI HUNG v. EASTFORM INDUSTRIES LTD

LET’ SPA CO LTD v. CHENG KOT PUI

LET’ SPA CO LTD v. WONG KIT YEE

NG CHUNG MAN JOE v. REVER EXPRESSION SALON LTD

王焯華 v. FIVE STAR WINE LTD.

Re: WONG NG KEI trading as International Can, a debtor and Ex parte: CHU DOI WAI, JANLEY, a creditor

WU MAN KWONG v. ASIA CULTURE BROADCAST CO LTD