Yung Chi Keung v. Protection of Wages on Insolvency Fund Board and Another

HCAL 55/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 55 OF 2013

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D E C I S I O N

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1.This is an application for leave to commence judicial review against the decision by the Protection of Wages on Insolvency Fund Board (破產欠薪保障基金委員會) made on 27 November 2012 rejecting the applicant’s application for review of the calculation by the board of his entitlement to ex-gratia payment under section 16(2)(f) of the Protection of Wages on Insolvency Ordinance, Cap 380.

2.It is only after counsel for the putative 2nd respondent has filed his skeleton submissions in opposition that the scope of the dispute between the parties has become clear.

3.I think the applicant has shown an arguable case of whether his “entitlement to severance payment” as referred to in section 16(2)(f) of Cap 380 should mean the net sum payable to him under section 31G of the Employment Ordinance, Cap 57 after deduction of the gratuities and benefits under section 31I of Cap 57 rather than the sum payable under Section 31G without any such deduction.

4.The applicant has also shown an arguable case that the gratuities and benefits under section 31I of Cap 57 should be deducted from the sum payable under section 31G of Cap 57 rather than from the ex-gratia payment under section 16(2)(f) of Cap 380.

5.I therefore grant leave to the applicant to commence judicial review.

6.Costs of the application be in the cause of the Judicial Review.

The applicant appeared in person

The 1st putative respondent was not represented and did not appear

Mr Jonathan T Y Chang, instructed by Department of Justice, for the 2nd  putative respondent