Leung Ting How And Another v Leung Sing Po Supervisor Of School Of Chinese Artists Association Of Hk

CourtDistrict Court (Hong Kong)
Judgment Date03 Mar 1970
SubjectCivil Action
Judgement NumberDCCJ4890/1969
DCCJ004890/1969 LEUNG TING HOW AND ANOTHER v. LEUNG SING PO SUPERVISOR OF SCHOOL OF CHINESE ARTISTS ASSOCIATION OF HK

DCCJ004890/1969

IN THE DISTRICT COURT OF HONG KONG

HOLDEN AT VICTORIA

CIVIL JURISDICTION

ACTION NO. 4890 OF 1969

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BETWEEN:
1. Leung Ting How Plaintiffs
2. Lai Chi Keung
AND
Leung Sing Po Supervisor of School of Chinese Artists Association of H.K. Defendant

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Coram: Cons, D.J.

Date of Judgment: 3 March 1970

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JUDGMENT

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1. In the early part of last year the first and second plaintiffs were respectively the head teacher and a class teacher in the School of the Chinese Artists Association of Hong Kong. The defendant was the registered supervisor of the school, but the impression I gained was that he was rather more in the position of a Chairman of a Board of Governors and that the actual running of the school and its day-to-day management was in the hands of the principal. Up to the beginning of March last year that office was held by a gentleman of the the name of LAI Chi-cheung. He was to some extent suffering from ill-health and probably for this reason the Board replaced him by a lady CHAN Shiu-mee. Unfortunately there appears to have been a clash of personalities between the new principal and the head teacher, complicated by a difference of opinion as to the fees collected by the head teacher for the month of February, that is the first month of that particular school term. There was some dispute as to whether or not it was the head teacher's regular duty to collect such fees, or whether on this particular occasion he acted merely to oblige the old principal, but the dispute is not material. It is accepted that on this particular occasion, duty or otherwise, he did so. The actual fees, it would seem, were collected from the pupils by their own class teachers and passed on, in this instance, to the head teacher who would in due course account to the supervisor for the Association. Following the financial dispute the Board of the Association decided to dismiss the head teacher, doing so in a letter from the supervisor dated the 9th of April. At the same time a similar letter was sent to the second plaintiff. No reason was given at the trial for coupling him with the head teacher, but I assume that there was also a question of personality.

2. There is considerable contradiction between the evidence of the head teacher on the one hand, and the supervisor and the new principal on the other. The head teacher gave me the feeling of a stubborn, small-minded man, prone under cross-examination to change his ground when hard pressed; the new...

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