AIU HLA THEIN v. KONG CHUN SING t/a HOP HING SAW MILL

DCEC262-275&438/2000&222/2001

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES COMPENSATION CASE NO. 262 OF 2000

Coram: H H Judge Carlson in Court

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R U L I N G

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1. There is no dispute about the various applicants here having been right to bring in Fortune Navigation SA as 1st respondent in these applications for employees' compensation. The only point that arises today is how that company is to be served.

2. It is, of course, a company registered at Monrovia, Liberia. Mr Kerry, who appears on behalf of all these applicants, submits that it would be good service to serve Fortune Navigation at their offices in Hong Kong and also by way of personal service on Mr Kong who is a director of that company. As against that, Mr Lau says no, that this is not the right route to take. First of all, they should be served at their offices in Liberia and an application should be made for an order for substituted service by serving at the address in Hong Kong and on their director. It seems to me that this would not be necessary in these circumstances. After all, what underlies these rules of service is the necessity to bring to the notice of a respondent or a defendant the proceedings that are being brought against them.

3. By doing what is proposed by Mr Kerry, that would be achieved and is, in my view, within the rules. So I will allow service in the way that Mr Kerry has indicated.

4. The respondents should have the costs of the amendment but the costs of today will be costs in the cause.

Representation:

Present: Mr Christopher Kerry, of Crump & Co., assigned by the Director of Legal Aid, for the

Applicants Mr Peter Lau, of Ince & Co., for the Respondent