Jerry Chen v. Whirpool (Hong Kong) Ltd

CACV 325/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 325 OF 2005

(ON APPEAL FROM HCPI NO. 787 OF 2001)

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BETWEEN

Before : Hon Cheung JA, Tang JA and Barma J in Court

Date of Hearing : 24 October 2006

Date of Decision : 24 October 2006

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D E C I S I O N

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Hon Cheung JA (giving decision of the court) :

1.We will refuse leave for the following reasons :

1) We are not satisfied that this case involves matters of great general or public importance.  First our decision is based on the unique facts of the case.  The relevant legal principles are well established.  Second while we accept many Hong Kong employers are asking their employees to work in the Mainland, we are not satisfied that the specific arrangement in this case is also a widespread practice which called for a determination by the Court of Final Appeal.

2) We are also not satisfied that this case comes within the ‘or otherwise limb’.  It has not been shown that the situation is exceptional.

Mr. K. M. Chong, instructed by Messrs Christine M. Koo & Ip, for the plaintiff

Mr. John Bleach, S.C., instructed by Messrs Clyde & Co., for the Defendant