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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CORRIGENDUM

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Page 8, para 8 line M to page 9 line D:

Example according to the Commissioner’s calculation
Employee’s severance payment calculated according to section 31G	$120,000
Gratuities, relevant occupational retirement	$40,000
scheme benefit and relevant mandatory
provident fund scheme benefit under section 31I
Maximum amount of ex gratia payment under
section 16(2)(f)(i) without deduction of section 31I
amount from the section 31G amount for calculating
the ex gratia payment
($50,000 + ($120,000 - $40,000) ÷ 2)	$90,000
This $90,000 is the maximum amount of ex gratia
payment before deduction of section 31I amount
The maximum amount of ex gratia payment to be paid
should be net of the section 31I amount and is thus at
($90,000 - $40,000)	$50,000
Total amount of section 31I amount +
maximum amount of ex gratia payment to be
received by the employee = $40,000 + $50,000	$90,000

should be changed to:

Example according to the Commissioner’s calculation
Employee’s severance payment calculated
according to section 31G	$120,000
Gratuities, relevant occupational retirement	$40,000
scheme benefit and relevant mandatory
provident fund scheme benefit under section 31I
Maximum amount of ex gratia payment under
section 16(2)(f)(i) without deduction of section 31I
amount from the section 31G amount for calculating
the ex gratia payment
($50,000 + ($120,000 - $50,000) ÷ 2)	$85,000
This $85,000 is the maximum amount of ex gratia
payment before deduction of section 31I amount
The maximum amount of ex gratia payment to be paid
should be net of the section 31I amount and is thus at
($85,000 - $40,000)	$45,000
Total amount of section 31I amount +
maximum amount of ex gratia payment to be
received by the employee = $40,000 + $45,000	$85,000

Dated the 30^th day of December 2013