Tsang Wai Bong v Langham Hotels (LPHK) Ltd
Court of First Instance
Minor Employment Claims Adjudication Board Appeal No. 3 of 2015
Anderson Chow J in Chambers
Courts & Judicial System
9 March 2016

Minor Employment Claims Adjudication Board – Adjudication Officer – no legal duty to provide written reasons for order

At a hearing of the Minor Employment Claims Adjudication Board, the Adjudication Officer gave oral reasons for an order concerning C’s claim against D and the formal written order was served on C the same day. The Board refused C’s request for written reasons for the order and C applied for leave to appeal against the refusal.

Held, dismissing the application, that C had raised no arguable point of law against the refusal which would justify leave being granted. Under s. 21(2) of the Minor Employment Claims Adjudication Board Ordinance (Cap. 453), the Adjudication Officer could give reasons for an award or order orally or in writing as he might think fit and thus, he had no legal duty to provide written reasons for his order. Further, there was no unfairness to C, since there was no suggestion that he did not understand the reasons explained to him orally. 

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